In the state of Texas, the estate of a person who passes away will go through a legal process known as probate. In these cases, a person is appointed as the executor or personal representative of the estate. This person will manage and distribute the deceased person's assets. The executor has a fiduciary duty to act in the best interests of the beneficiaries and handle all matters related to the estate with honesty, loyalty, and care.

A breach of fiduciary duty occurs when the executor fails to fulfill their obligations and acts in a manner that harms or disadvantages the beneficiaries. In these situations, beneficiaries may work with an attorney to pursue probate litigation and address the executor’s wrongful actions. Breaches of fiduciary duty can take various forms, and they may include:

Mismanagement of Assets

The executor has a responsibility to safeguard an estate’s assets and ensure that they are properly accounted for throughout the probate process. If the executor fails to do so by mishandling funds, making poor investment decisions, neglecting to maintain property, or otherwise causing the estate to decrease in value due to negligence, they may be held liable for the losses the beneficiaries have suffered as a result of this mismanagement.

The passing of a loved one can be a difficult, emotional time for family members. In addition to dealing with the loss, surviving family members may also have to navigate the probate process and take the proper steps to divide the deceased’s estate. When family members disagree on how to divide assets, this can lead to lengthy and expensive legal battles. In such cases, mediation can be an effective way to settle disputes fairly and without the need for costly and lengthy court proceedings. By understanding how mediation works and its potential benefits, families can determine whether this option will be the best solution in their situation.

Understanding Mediation

During the mediation process, the mediator helps family members or other heirs and beneficiaries communicate and work toward a mutually acceptable agreement. The mediator does not make decisions but rather facilitates discussions and tries to help the parties understand each other’s perspectives. The goal is to come to a final agreement that will fully detail how all disputed issues will be resolved.

How Does Mediation Work in Estate Disputes?

Mediation typically involves a series of meetings with the mediator and the parties involved in the dispute. Before the mediation sessions, the mediator may gather information about the estate and the dispute. During mediation, the parties will have a chance to express their concerns and work toward a resolution. The mediator will help family members articulate their goals and concerns and identify areas where compromise is possible. As the discussions progress, the mediator will help develop solutions that will be acceptable to all parties. Since the mediator is neutral, they will not take sides, make decisions, or force any particular outcome. The final decision will be left up to the parties. If an agreement is reached, the mediator will help the parties draft a written agreement.