Austin Estate Lawyer, Texas

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Frank E. Scofield Lawyer

Frank E. Scofield

VERIFIED
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)

William T. Peckham Lawyer

William T. Peckham

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

Richard  Pena Lawyer

Richard Pena

VERIFIED
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)

Constantine Themos Anestos Lawyer

Constantine Themos Anestos

VERIFIED
Business, Estate, Divorce & Family Law, Tax

Costa Anestos received his Juris Doctorate from Baylor Law School in 2005, where he graded onto the Baylor Law Review. He received his Bachelor of Art... (more)

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CONTACT

737-530-3249

Matt  Mahoney Lawyer

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)

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CONTACT

512-769-4670

Mike  Massey Lawyer

Mike Massey

VERIFIED
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)

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CONTACT

737-234-9666

Terry L. Belt Lawyer

Terry L. Belt

VERIFIED
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)

Les David Romo Lawyer

Les David Romo

VERIFIED
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)

Derek Robert Van Gilder Lawyer

Derek Robert Van Gilder

VERIFIED
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)

Sandra Marie Lefler Lawyer

Sandra Marie Lefler

VERIFIED
Estate Planning, Construction, Insurance, Personal Injury, Federal Appellate Practice

Sandra Lefler understands that when people hire an attorney, they are often experiencing very complicated and stressful situations. It's at times like... (more)

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LEGAL TERMS

HOLOGRAPHIC WILL

A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many stat... (more...)
A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many states, making a holographic will is never advised except as a last resort.

GRANT DEED

A deed containing an implied promise that the person transfering the property actually owns the title and that it is not encumbered in any way, except as descri... (more...)
A deed containing an implied promise that the person transfering the property actually owns the title and that it is not encumbered in any way, except as described in the deed. This is the most commonly used type of deed. Compare quitclaim deed.

BYPASS TRUST

A trust designed to lessen a family's overall estate tax liability. An AB trust is the most popular kind of bypass trust.

PREDECEASED SPOUSE

In the law of wills, a spouse who dies before the will maker while still married to him or her.

PRETERMITTED HEIR

A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child b... (more...)
A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child born or adopted after the will is made may be deemed a pretermitted heir. If the court determines that an heir was accidentally omitted, that heir is entitled to receive the same share of the estate as she would have if the deceased had died without a will. A pretermitted heir is sometimes called an 'omitted heir.'

INTER VIVOS TRUST

The Latin name, favored by some lawyers, for a living trust. 'Inter vivos' is Latin for 'between the living.'

LIFE BENEFICIARY

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

PER CAPITA

Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leavin... (more...)
Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leaving children of his or her own. For example, Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred, leaving two young children. If Fred's will states that heirs of a deceased beneficiary are to receive the property per capita, Julie and the two grandchildren will each take a third. If, on the other hand, Fred's will states that heirs of a deceased beneficiary are to receive the property per stirpes, Julie will receive one-half of the property, and Alan's two children will share his half in equal shares (through Alan by right of representation).

PROBATE

The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased pers... (more...)
The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased person's affairs identifying and inventorying the deceased person's property paying debts and taxes identifying heirs, and distributing the deceased person's property according to the will or, if there is no will, according to state law. Formal court-supervised probate is a costly, time-consuming process -- a windfall for lawyers -- which is best avoided if possible.

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 ...