What Damages Are Available in Wrongful Death Cases?
What Damages Are Available in Wrongful Death Cases? The loss of a loved one due to another party’s negligence or wrongful conduct can leave families facing emotional, financial, and personal hardship. In Texas, wrongful death claims allow surviving family members to seek compensation for certain losses resulting from the death. While no legal action can […]
How to Challenge a Guardianship in Texas
How to Challenge a Guardianship in Texas Guardianship proceedings can significantly impact a person’s rights, independence, finances, and personal decision-making. While guardianships are designed to protect individuals who are unable to care for themselves, disputes often arise when family members, interested parties, or the proposed ward believe the guardianship is unnecessary, inappropriate, or being mishandled. […]
What Happens When a Trustee Misuses Trust Funds?
What Happens When a Trustee Misuses Trust Funds? Trustees are entrusted with significant responsibility. They are expected to manage trust assets honestly, prudently, and in the best interests of the beneficiaries. When a trustee misuses trust funds, the consequences can be serious—not only for the beneficiaries affected, but also for the trustee personally. At Barr […]
How to Remove a Trustee in Texas: What Beneficiaries Need to Know
How to Remove a Trustee in Texas: What Beneficiaries Need to Know When a trustee stops acting in the best interests of the beneficiaries, the damage can be swift and significant. Assets can be mismanaged, funds can disappear, and the people who depend on the trust are left with little recourse unless they take action. […]
What to Do If a Guardian Is Abusing Power
What to Do If a Guardian Is Abusing Power Guardians are entrusted with significant authority over another person’s life (person), finances, or both. Because of this, Texas law imposes strict fiduciary duties on guardians to act in the best interests of the ward at all times. When a guardian abuses that power—whether through financial misconduct, […]
What Happens When a Guardian Fails to File a Required Accounting?
What Happens When a Guardian Fails to File a Required Accounting? Guardians in Texas are subject to court oversight. Whether appointed as guardian of the estate or guardian of the person, a guardian has ongoing legal duties that do not end after appointment. One of the most critical responsibilities is the requirement to file timely […]
Litigation Over Pre- and Post-Marital Agreements After Death
Litigation Over Pre- and Post-Marital Agreements After Death When Marriage Agreements Are Challenged After Death Pre-marital and post-marital agreements are often viewed as tools for clarity during life. However, after death, these agreements frequently become the center of probate or trust litigation—especially when surviving spouses and heirs disagree about property rights. At Barr Law, PLLC, […]
When Fiduciaries Face Personal Liability: What Texas Law Requires
When Fiduciaries Face Personal Liability: What Texas Law Requires Serving as a fiduciary—whether as an executor, trustee, administrator, power of attorney, or guardian—comes with significant responsibility. Many fiduciaries assume they are protected simply because they were appointed by a court or named in a will or trust. However, Texas law makes clear that fiduciaries can […]
End-of-Year Legal Check for Fiduciaries and Beneficiaries: What You Should Review Before January
End-of-Year Legal Check for Fiduciaries and Beneficiaries: What You Should Review Before January Serving as a fiduciary—whether as an executor, administrator, trustee, or guardian—comes with legal responsibilities that require attention throughout the year. As the calendar year ends, it is especially important for fiduciaries and beneficiaries to take time to review records, confirm obligations, and […]
Why Fiduciaries Should Review Estate and Trust Accountings Before Year-End
Why Fiduciaries Should Review Estate and Trust Accountings Before Year-End Serving as a fiduciary is a serious responsibility. Administrators, executors, guardians, power of attorneys, and trustees are held to some of the highest standards under Texas law. They must act with honesty, loyalty, prudence, and full accountability when managing assets on behalf of beneficiaries. […]