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Spring, TX estate planning & probate attorney Christine Butts shares her advice for executors and administrators. She emphasizes that the most important piece of advice for executives, administrators, trustees, or any fiduciary is to thoroughly read the governing document. She recalls her time as a judge, when she was often surprised by how many executors, administrators, or trustees struggled on the witness stand when asked if they had read the will or trust. Frequently, they admitted they had only read parts of it, not the entire document. She remembers the courtroom falling silent in those moments, with jurors exchanging stunned looks—an experience that underscored just how critical it is to know the document inside and out.
Her advice is clear: familiarize yourself completely with the governing document—read it forwards, backwards, and in detail—so you understand all its provisions thoroughly.
Her second piece of guidance for fiduciaries is to fully understand their duties. They must recognize their duty of loyalty and care, as well as their duty of full disclosure. She stresses the importance of keeping meticulous, detailed records when administering an estate or managing a trust, as accurate documentation is essential to fulfilling fiduciary responsibilities and avoiding potential disputes.
