Deciding who to appoint as a trustee or executor as part of your estate plan can be a tricky business. One obvious option for a trustee is a valued family member, someone that you can count on to act in accordance with your best interest. At McCulloch & Miller, we…
Articles Posted in Trusts
Protecting Estate Assets from a Child with Poor Money Management Skills
As you go about your estate planning process, you will necessarily think about who you want to be the beneficiary or beneficiaries of your assets. If you are leaving behind money for your children, you have worked hard to earn that money and keep it safe for future generations in…
Common Misconceptions About Texas Trusts
For many of our clients and potential clients, trusts are a somewhat foreign concept and are thought of as inaccessible tools only for the uber-wealthy. Fortunately, this is a misconception, and individuals with all different kinds of estates, assets, and debts are able to benefit from establishing a trust. In…
How an Irrevocable Trust Can Be Incorporated into a Houston Estate Plan
In the past, on our blog, we have gone over the possible benefit of establishing a trust when you are engaging in the estate planning process. Forming a trust can be complicated, and there are several different kinds of trusts that fit different sets of needs, depending on the nature…
Choosing the Right Trustee to Manage Your Trust
Organizing your assets in the form of a legal trust can be a valid and helpful tool in estate planning. If you are establishing a trust, you are likely trying to decide who to appoint as your trustee, which can often be a tough decision. A trustee, by definition, is…
The Revocable Living Trust: What You Need to Know
Unfortunately, the law around estate planning can be complex and technical in a way that makes it difficult to sort through. Fortunately, though, the law provides for a diverse array of options for those undergoing the estate planning process. Many of our clients come to us, for example, asking us…
Trust Interpretation Up for Debate in Recent Texas Court of Appeals Case
Recently, a court of appeals in Texas had to decide an important case regarding the interpretation of a decedent’s trust, which had implications for several family members who stood to benefit from the sale of a property specified in the trust. The trust in question was created by a man…
Brother and Sister Litigate Trust Distribution Case in Drawn-Out Legal Battle
In a recent case before the Fourteenth Court of Appeals, two siblings asked for a decision regarding the assets left in their father’s estate. Originally, the siblings fought when one took longer than the other wanted to distribute funds from their father’s trust. Without clear guidelines for how to handle…
A Living Trust: When to Get One and How to Know if It is Right for You
When clients and prospective clients come to us for their estate planning needs, their first priority is often asking us to help them write their wills. What many clients don’t know, however, is that wills are only one option clients have at their disposal. Trusts are another tool that can…
What is a Fiduciary Duty with Regard to Trusts and Estate Planning?
There are many terms in the field of estate planning that have become ubiquitous in the field, however, their meaning is often misunderstood. Trustee, beneficiary, executor, and fiduciary are some of these terms. The personal term “fiduciary” comes from the type of duty that a fiduciary owes to a beneficiary…