Trusts Attorney in Spring, Texas

What advice do you have for executors and administrators?

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00:04
the biggest piece of advice that i have
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for
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executives and administrators and
00:08
trustees or any fiduciary for that
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matter
00:12
is to read the governing document you’d
00:14
be surprised
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when i was a judge i was shocked how
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many times
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an executor or an administrator or
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trustee was on the witness stand
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and they were asked have you read the
00:26
trust
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have you read the will and so
00:30
often they would stumble and say you
00:32
know i’ve read parts of it but i haven’t
00:34
read the whole thing
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and wow you know that was just like a
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crickets moment
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in the courtroom the jury members were
00:42
looking at each other and it was just
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shocking
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and so the biggest piece of advice is
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just get to know that document
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read it backwards and forwards and know
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it well
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so the second piece of advice that i
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would give anyone serving as a fiduciary
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is to understand fiduciary duties
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understand that you have a duty of
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loyalty and care
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you also have a duty of full disclosure
01:06
and it’s important to keep really
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copious
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records with respect to either the
01:12
administration of an estate or the
01:13
administration of a trust

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.

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