Decatur Texas Probate Law Blog

After the passing of a loved one, emotions can understandably run high. Some people may immediately want to go to the home of the decedent in order to be surrounded by his or her things and try to find some sense of comfort. They may even want to take an item or two for themselves. However, this type of action could cause major issues during probate administration, and the executor has the responsibility of ensuring it does not happen.

One of the tasks that a Texas executor has is to protect the estate's assets until the distribution portion of probate. It may seem challenging, but the executor may need to prevent loved ones from even entering the home due to the possibility of someone walking away with an item possibly meant for someone else. Even if the deceased said a specific person would receive an item or tagged assets, if that same information is not reflected in the will, it is not legally binding.

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.