AV Preeminent Peer Rated Attorneys
Spofford Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
AV Preeminent Peer Rated Attorneys
Spofford Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Spofford Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
  • 546 Madison St., Eagle Pass, TX 78852

  • 237 Madison St., Eagle Pass, TX 78852

  • 448 E. Main St., Eagle Pass, TX 78852

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Looking for Estate Planning Lawyers in Spofford?

Estate planning attorneys help individuals prepare for the management and distribution of their assets after death or incapacitation. They create legal documents such as wills, trusts, powers of attorney, and healthcare directives. Their work ensures a client’s wishes are honored, minimizes potential taxes, and simplifies the process for their loved ones.

Commonly Asked Estate Planning Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Is there a statute of limitations for an executor who is not fulfilling his duties?

Melissa Ann Botting
Answered by attorney Melissa Ann Botting (Unclaimed Profile)
Estate Planning lawyer at Law Office of Melissa A. Botting
This question is a bit confusing. An executor who is not fulfilling his duties can be removed by filing a motion in the probate court handling the case detailing the reasons for the executor?s removal. The motion can be brought as long as the case has not been closed. If you are asking is there a statute that requires an executor to be removed for failure to perform his duties for some period, it works a little differently. The executor can not be removed for two years in order to give the executor time to get the estate together and figure out what to do. After that it is up to the beneficiaries to ask for removal if the executor is not working. If the question is whether a statute of limitations has passed to complain about the behavior, it depends on the specific behavior and the action you wish to take. For example, fraud actions can only be brought 2 years after the person becomes aware that they have been defrauded.
This question is a bit confusing. An executor who is not fulfilling his duties can be removed by filing a motion in the probate court handling the case detailing the reasons for the executor?s removal. The motion can be brought as long as the case has not been closed. If you are asking is there a statute that requires an executor to be removed for failure to perform his duties for some period, it works a little differently. The executor can not be removed for two years in order to give the executor time to get the estate together and figure out what to do. After that it is up to the beneficiaries to ask for removal if the executor is not working. If the question is whether a statute of limitations has passed to complain about the behavior, it depends on the specific behavior and the action you wish to take. For example, fraud actions can only be brought 2 years after the person becomes aware that they have been defrauded.
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When you become an administrator of an estate, how do you know your duties?

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Answered by attorney Victor L. Waid (Unclaimed Profile)
Estate Planning lawyer at Law Office of Victor Waid
In answer to your question as to your duties when you become an administrator, I am assuming you were appointed by a court order, issued letters of administration; at that time you should have had to sign the letters of administration, filed back with the court and were issued a set of instructions duties of an administrator. As to your compensation, the percentage of the value of the estate you are entitled to, which is generally the same the lawyer receives, and both are set forth in the California Probate code.
In answer to your question as to your duties when you become an administrator, I am assuming you were appointed by a court order, issued letters of administration; at that time you should have had to sign the letters of administration, filed back with the court and were issued a set of instructions duties of an administrator. As to your compensation, the percentage of the value of the estate you are entitled to, which is generally the same the lawyer receives, and both are set forth in the California Probate code.
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Which is better to do, a living trust or a last will?

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Answered by attorney Brian Haggerty (Unclaimed Profile)
Estate Planning lawyer at Minor, Bandonis & Haggerty P.C.
Trusts generally do not get administered well, and that causes additional costs. The best thing to do is to go to a lawyer (best if it's a different one for each of you) and have a good estate plan drawn up.
Trusts generally do not get administered well, and that causes additional costs. The best thing to do is to go to a lawyer (best if it's a different one for each of you) and have a good estate plan drawn up.
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