Houston Estate Planning and Elder Law Attorney Blog
Naming an executor feels final—until that person moves overseas, develops health problems, or simply says no. Similar obstacles affect trustees and guardians. Without alternates, Texas courts decide who steps in. That may not match your vision. Engage a Dallas probate lawyer at McCulloch & Miller, PLLC to build a fiduciary lineup that adapts to real life.
Life Happens—Primary Fiduciaries May Decline
Executors handle time-sensitive tasks: filing the will, gathering assets, notifying creditors. If your chosen friend dies first or declines, delays follow. Trustees administer trusts for years; guardians raise children for decades. Counting on a single individual ignores life’s unpredictability—job transfers, marital changes, or strained relationships.
Texas Statutes Provide a Solution but Not Always the Best One
When no alternate exists, Section 304 of the Texas Estates Code lets beneficiaries petition for appointment. Courts prefer close relatives, but beneficiaries may disagree on who that should be. Litigation erupts, and estate funds pay the bill. Writing an alternate list prevents that fight by giving judges clear marching orders.
Choosing Alternates Who Complement Your Plan
Look beyond birth order. Select people with different strengths. Your meticulous sister balances spreadsheets as executor; your entrepreneurial niece understands investments as trustee. For guardians, focus on parenting style, stability, and willingness to promote your values. Always name at least one backup—and preferably two—in case unexpected events knock out earlier choices.
Communicating Expectations Reduces Future Friction
Surprising someone with fiduciary duties breeds resentment. Tell each candidate why you chose them and what responsibilities involve. Provide a roadmap: attorney contact information, location of documents, and broad overview of assets. Conversation today avoids confusion tomorrow.
Update the Lineup With Your Dallas Estate Planning and Probate Lawyer
Life changes; so should your documents. Review appointments every three to five years or after major milestones—births, deaths, marriages, or relocations. A quick meeting with your Dallas probate lawyer can swap out a no-longer-available fiduciary without rewriting your entire plan.
Security Comes From Redundancy
An estate plan without alternates resembles a relay race with only one runner. Add depth to the bench, and your wishes cross the finish line—even if the first runner stumbles. Protect that certainty by calling McCulloch & Miller, PLLC at (713) 333-8900 and work with a seasoned Dallas probate lawyer who builds plans that endure.