Red Flags: When to Call Your Lawyer
About Probate or Trust Issues
By Brent R. Doré
Y
ou or a family member will like-
ly be involved in a probate or
trust matter at some point. This arti-
cle focuses on facts, circumstances,
and activities that may create red
flags in the context of wills, trusts,
and probate matters. focused on a reasonable timeline. If
the matter drags on for a long time,
or if you become suspicious of activ-
ity by the executor or trustee, hire
counsel to protect your rights.
The Trustee or Executor Fails
to Disclose Information Beneficiaries should have the right
to see the will or trust documents.
Beneficiaries should also take the
time to understand these documents
because they typically define the
role of the executor or trustee, and
create boundaries on what is and
is not acceptable conduct by the
executor or trustee. If you become
aware of the executor or trustee
taking actions outside of the limits
allowed under the documents, it is
important to hire counsel to protect
the assets and beneficiaries.
Under Texas Law, trustees and exec-
utors are required to provide certain
information to the beneficiaries. In
many situations, this will include
an accounting and inventory of the
estate or trust assets. If a trustee or
executor fails to provide such infor-
mation, it is a red flag. Beneficiaries
should request sufficient informa-
tion to satisfy themselves that the
trustee or executor is not mixing
personal and estate or trust funds.
Beneficiaries should also request
sufficient information from the exec-
utor or trustee to ensure that the trust
or estate is being properly admin-
istrated, and that no trust or estate
assets have been misappropriated.
If an executor or trustee fails to
provide reasonable information, the
beneficiaries should hire counsel to
help them protect their rights.
Lavish or Unexplained
Spending
Inappropriate Changes to a
Will or Trust
Generally, Texas law permits an
individual to distribute his or her
assets in the manner he or she
deems appropriate. This means your
grandmother, father, sister, or cousin
typically has the right to distribute
his or her property to whom he or
she wishes. However, if changes are
made to wills or trust instruments
after a family member or loved
one has experienced substantial
cognitive, emotional, or behavioral
changes, this could be a red flag. If
the person did not have the requisite
mental capacity to execute a will,
trust, or other probate document,
it may be invalid. It is also inap-
propriate and unlawful for some-
one to exert undue or improper
influence over another in connec-
tion with wills and trust documents.
This situation may arise when an
elderly or disabled family member
is pressured by someone to change
his or her estate plan. These are
complex issues which should be
considered with advice from legal
counsel experienced in probate and
trust matters.
Unusual Actions by Family Members
There are other situations which may
raise red flags. Has a family member
or loved one begun making strange
purchases or unexplained financial
transactions? Has a stranger taken a
key role in the life of a loved one?
This could include a new “friend”
or perhaps an unexpected roman-
tic relationship. Although you may
only be aware of the actions of your
family member or loved one, he or
she may be well-served if you are
able to obtain more information and
documentation relating to the issues
that are causing concerns. There are
multiple ways in which persons may
fall victim to a fraudulent scheme.
Again, if you spot a red flag, compe-
tent counsel can help you separate
real issues from unfounded fears.
This article is for informational
purposes only and not for the purpose
of providing legal advice. You should
contact an attorney to obtain advice
with respect to any particular issue.
Brent R. Doré is an attorney with
Harris, Finley & Bogle, P.C. He is a
member of the Texas Bar College. His
practice focuses on commercial litiga-
tion, oil and gas, contracts, contested
probate, and fiduciary litigation. He
can be reached at [email protected]
or at 817-870-8754.
If an executor or trustee sudden-
ly begins spending lavishly, taking
expensive trips, or purchasing prop-
erty, including homes, cars, or other
property, this is another red flag.
Beneficiaries should stay in touch
with the executor or trustee, and get
to know him or her personally, if
possible. Find out what the executor
or trustee does for a living, where
his or her office is located, where
his or her home is located, who
their family members are, and stay
Failing to Comply With the
Terms of the Will or Trust
Brent R. Doré
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