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Harvey L. Cox
About | Practice Areas
Law Office of Harvey L. Cox
1600 Lake Air Drive Suite 102 Waco, TX 76710» view map
Estate Law, Power of Attorney
A New Perspective On Estate Planning

Our Family Estate & Business Planning focuses on protecting your assets from creditors, predators, lawsuits, judgments, liens, and greedy relatives.

800-795-7741
1. Harvey L. Cox Waco, TX
  Attorney at Law - TX, 1990
  University of Houston Law Center J.D.
2. AboutLaw Office of Harvey L. Cox
  We Will Help You Build A Financial Fortress
3. Practice AreasExpertise
  Estate Law, Power of Attorney
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Frank E. Scofield

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Estate, Real Estate

A fourth-generation Texan, Frank E. Scofield was born to ranch work and the outdoors. Prior to completing undergraduate studies at UT Austin, he worke... (more)

CONTACT

800-706-3661

1411 West Ave, Austin, TX 78701

William T. Peckham

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Bankruptcy & Debt, Foreclosure, Lawsuit & Dispute, Estate, Credit & Debt

CONTACT

800-767-4721

1104 Nueces Street, Austin, TX 78701

Richard Pena

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Accident & Injury, Employment, Personal Injury, Workers' Compensation, Wills & Probate

Richard Pena is president and CEO of the firm. He was elected by his peers to serve as the President of the State Bar of Texas from 1998-1999. He serv... (more)

CONTACT

800-919-4150

2211 South IH-35, Austin, TX 78741

Matt Mahoney

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Estate Planning, Personal Injury, Insurance, Employment, Health Care

Matt Mahoney graduated from the University of Colorado at Boulder in 2001 with a Degree in Applied Mathematics in Engineering, and he graduated from N... (more)

FREE CONSULTATION

CONTACT

512-769-4670

1012 West Anderson Lane, Austin, TX 78757

Philip Mcduffie Wilson

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Divorce & Family Law, Estate

Philip "Mick" Wilson's unique educational and legal background permits a fresh take on many legal cases, particularly family law matters. His history ... (more)

CONTACT

512-708-9814

P.O. Box 11611, Austin, TX 78711

Mike Massey

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Accident & Injury, Estate

Hundreds of your neighbors have given us 5 Star reviews. Estate Planning: Don't you want to make sure that your life savings goes to the right people ... (more)

FREE CONSULTATION

CONTACT

737-234-9666

418 Grace Lane, Austin, TX 78746

Terry L. Belt

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Estate, Power of Attorney, Elder Law, Wills & Probate, Commercial Real Estate

Terry Belt arrived in Austin in 1965 from the little German town of Weimar, Texas, where he learned to haul hay bales for the local farmers. He attend... (more)

CONTACT

800-766-0901

9600 Great Hills Tr., Austin, TX 78759

Les David Romo

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Wills & Probate, Business, Lawsuit & Dispute, Real Estate, Litigation

Attorney Les Romo graduated from Southwestern University here in Georgetown and went on to earn his Doctorate of Jurisprudence at St. Mary’s Univers... (more)

CONTACT

512-868-5600

102 West Morrow Street, Georgetown, TX 78627

Derek Robert Van Gilder

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Divorce & Family Law, Estate, Real Estate

The attorneys at the Law Office of Derek R. Van Gilder bring decades of experience and success to the table representing individuals and businesses in... (more)

CONTACT

800-254-4791

916 Main St, Bastrop, TX 78602

Kristin L. Lemke

Estate Planning, Family Law, Litigation, Wills & Probate

Status: In Good Standing

FREE CONSULTATION

CONTACT

700 Lavaca Street, Austin, TX 78701

800-923-0641

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LEGAL TERMS

ESTATE TAXES

Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and... (more...)

Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and whether or not it goes through probate after your death, is subject to federal estate tax. Currently, however, federal estate tax is due only if your property is worth at least $2 million when you die. The estate tax is scheduled to be repealed for one year, in 2010, but Congress will probably make the repeal (or a very high exempt amount) permanent. Any property left to a surviving spouse (if he or she is a U.S. citizen) or a tax-exempt charity is exempt from federal estate taxes. Many states now also impose their own estate taxes or inheritance taxes.

ABATEMENT

A reduction. After a death, abatement occurs if the deceased person didn't leave enough property to fulfill all the bequests made in the will and meet other exp... (more...)

A reduction. After a death, abatement occurs if the deceased person didn't leave enough property to fulfill all the bequests made in the will and meet other expenses. Gifts left in the will are cut back in order to pay taxes, satisfy debts or take care of other gifts that are given priority under law or by the will itself.

STATUTORY SHARE

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceas... (more...)

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceased spouse's property, but in some states the exact amount of the spouse's share depends on whether or not the couple has young children and, in a few states, on how long the couple was married. In most states, if the deceased spouse left a will, the surviving spouse must choose either what the will provides or the statutory share. Sometimes the statutory share is known by its more arcane legal name, dower and curtesy, or as a forced or elective share.

COUNTERCLAIM

A defendant's court papers that seek to reverse the thrust of the lawsuit by claiming that it was the plaintiff -- not the defendant -- who committed legal wron... (more...)

A defendant's court papers that seek to reverse the thrust of the lawsuit by claiming that it was the plaintiff -- not the defendant -- who committed legal wrongs, and that as a result it is the defendant who is entitled to money damages or other relief. Usually filed as part of the defendant's answer -- which also denies plaintiff's claims -- a counterclaim is commonly but not always based on the same events that form the basis of the plaintiff's complaint. For example, a defendant in an auto accident lawsuit might file a counterclaim alleging that it was really the plaintiff who caused the accident. In some states, the counterclaim has been replaced by a similar legal pleading called a cross-complaint. In other states and in federal court, where counterclaims are still used, a defendant must file any counterclaim that stems from the same events covered by the plaintiff's complaint or forever lose the right to do so. In still other states where counterclaims are used, they are not mandatory, meaning a defendant is free to raise a claim that it was really the plaintiff who was at fault either in a counterclaim or later as part of a separate lawsuit.

LIFE BENEFICIARY

A person who receives benefits, under a trust or by will, for his or her lifetime. For an example, see AB trust.

SELF-PROVING WILL

A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-prov... (more...)

A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-proving when two witnesses sign under penalty of perjury that they observed the willmaker sign it and that he told them it was his will. If no one contests the validity of the will, the probate court will accept the will without hearing the testimony of the witnesses or other evidence. To make a self-proving will in other states, the willmaker and one or more witnesses must sign an affidavit (sworn statement) before a notary public certifying that the will is genuine and that all willmaking formalities have been observed.

ENDOWMENT INSURANCE

Provides that an insured person who lives for the specified endowment period receives the face value of the insurance policy--that is, the amount paid at death.... (more...)

Provides that an insured person who lives for the specified endowment period receives the face value of the insurance policy--that is, the amount paid at death. If the policy-holder dies sooner, the beneficiary named in the policy receives the proceeds.

ADMINISTRATION (OF AN ESTATE)

The court-supervised distribution of the probate estate of a deceased person. If there is a will that names an executor, that person manages the distribution. I... (more...)

The court-supervised distribution of the probate estate of a deceased person. If there is a will that names an executor, that person manages the distribution. If not, the court appoints someone, who is generally known as the administrator. In some states, the person is called the 'personal representative' in either instance.

AB TRUST

A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of... (more...)

A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of the property goes to the beneficiaries named in the trust -- commonly, the grown children of the couple -- with the crucial condition that the surviving spouse has the right to use the property for life and is entitled to any income it generates. The surviving spouse may even be allowed to spend principal in certain circumstances. When the surviving spouse dies, the property passes to the trust beneficiaries. It is not considered part of the second spouse's estate for estate tax purposes. Using this kind of trust keeps the second spouse's taxable estate half the size it would be if the property were left directly to the spouse. This type of trust is also known as a bypass or credit shelter trust.

SAMPLE LEGAL CASES

In re Estate of Tyner

Lacey Westbrook appeals from an adverse summary judgment rendered in the declaratory judgment action she initiated to have JW Tyner's will construed. Westbrook contends the trial court erroneously determined that she is not a beneficiary under the will, set the wrong postjudgment ...

In re Estate of Rhea

In October 2005, Charlotte and Trenton notified Charles of their intent to remove Wanda's personal property from the marital home. Charles labeled some of the possessions in the home to mark his own separate property, then left the house from November 11 through November 14. ...

In re Estate of Gaines

In eight issues, appellants argue (1) the trial court improperly disqualified Davis from serving as the independent executor because no motion to disqualify or opposition was filed, (2) the trial court erred in requiring Davis to turn over funds, (3) the trial court erred in denying ...

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Austin Estate Lawyer, Texas

Sponsored Law Firm

Law Office of Harvey L. Cox

SPONSORED LAWYERS

Frank E. Scofield

William T. Peckham

Richard Pena

Matt Mahoney

Philip Mcduffie Wilson

Mike Massey

Terry L. Belt

Les David Romo

Derek Robert Van Gilder

Kristin L. Lemke

TIPS

LEGAL TERMS

ESTATE TAXES

ABATEMENT

STATUTORY SHARE

COUNTERCLAIM

LIFE BENEFICIARY

SELF-PROVING WILL

ENDOWMENT INSURANCE

ADMINISTRATION (OF AN ESTATE)

AB TRUST

SAMPLE LEGAL CASES

In re Estate of Tyner

In re Estate of Rhea

In re Estate of Gaines

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