Decatur Texas Probate Law Blog

Having a child with special needs can certainly present challenges for Texas parents. Of course, most parents meet these challenges head-on and will do whatever is necessary in order to ensure the well-being of their children. In some cases, this may mean pursuing guardianships when those children reach adulthood.

Though most children become adults at the age of 18 in the eyes of the law, individuals with special needs may not always have the mindset of adults. For example, if a child has autism, he or she may have multiple disabilities that affect certain capabilities. As a result, that person may not be able to handle his or her own affairs despite legally being considered an adult. At this point, parents may need to consider whether guardianship suits their cases.

When closing a loved one's estate, Texas personal representatives may have an easier time completing the process if the decedent left behind an estate plan. The instructions in this plan could make settling final affairs more straightforward during probate administration. Unfortunately, if mistakes with beneficiary designations have occurred, the process could become complicated.

Mistakes with estate plans are not uncommon, but they can cause a number of different issues. From not naming beneficiaries at all to naming the wrong beneficiaries, executors may have a hard time distributing assets and recipients could also find themselves in a tough spot. For instance, if no beneficiaries were named to important accounts, like life insurance or retirement accounts, the funds from those accounts will pass to the estate or be distributed in accordance with state law.

Acting as the executor of a loved one's estate is not an easy task. Even steps that may seem simple can present complications depending on the circumstances. For instance, during probate administration, it is the duty of the executor to find all of the decedent's assets so that the property can be put to use in paying necessary expenses and so that it can be properly distributed when that time comes. Of course, many Texas executors may wonder how to find all of the assets.

Certainly, if a loved one was not forthcoming with information about his or her belongings and had numerous accounts, an executor may not know where to start looking for property. If a person is looking to determine whether a loved one held any real estate, it may help to check the county assessor's website. This site may allow the executor to search for the decedent's name to determine whether any real estate was owned in the area.

When most people want to take control of their elderly loved ones' affairs, it is out of a desire to protect their vulnerable family members from exploitation. It is not unusual for individuals to seek guardianships in order to legally obtain the ability to control these affairs. However, some parties worry that guardians are not doing enough.

There are concerns that numerous guardianship cases in Texas are not being handled properly. In fact, 41 percent of approximately 30,000 guardianship files that recently underwent review were found to be out of compliance. The state already has strong policies in place when it comes to appointing guardians, such as guardianship training, certifications and registration. The state also conducts thorough criminal history checks for proposed guardians.