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)

Philip Mcduffie Wilson Lawyer

Philip Mcduffie Wilson

VERIFIED
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)

Matt  Mahoney Lawyer

Matt Mahoney

VERIFIED
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)

FREE CONSULTATION 

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)

Susan G. Taylor

Litigation, Trusts, Bankruptcy, Bankruptcy & Debt
Status:  In Good Standing           

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Lawyer.com can help you easily and quickly find Austin Estate Lawyers and Austin Estate Law Firms. Refine your search by specific Estate practice areas such as Estate Planning, Trusts, Wills & Probate and Power of Attorney matters.

LEGAL TERMS

BENEFICIARY

A person or organization legally entitled to receive benefits through a legal device, such as a will, trust or life insurance policy.

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.

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.

QDOT TRUST

A trust used to postpone estate tax when more than the amount of the personal federal estate tax exemption is left to a non-U.S. citizen spouse by the other spo... (more...)
A trust used to postpone estate tax when more than the amount of the personal federal estate tax exemption is left to a non-U.S. citizen spouse by the other spouse. QDOT stands for qualified domestic trust.

FAMILY ALLOWANCE

A certain amount of a deceased person's money to which immediate family members are entitled at the beginning of the probate process. The allowance is meant to ... (more...)
A certain amount of a deceased person's money to which immediate family members are entitled at the beginning of the probate process. The allowance is meant to help support the surviving spouse and children during the time it takes to probate the estate. The amount is determined by state law and varies greatly from state to state.

ADEMPTION

The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she di... (more...)
The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she dies. Often this happens because the property has been sold, destroyed or given away to someone other than the beneficiary named in the will. A bequest may also be adeemed when the will maker, while still living, gives the property to the intended beneficiary (called 'ademption by satisfaction'). When a bequest is adeemed, the beneficiary named in the will is out of luck; he or she doesn't get cash or a different item of property to replace the one that was described in the will. For example, Mark writes in his will, 'I leave to Rob the family vehicle,' but then trades in his car in for a jet ski. When Mark dies, Rob will receive nothing. Frustrated beneficiaries may challenge an ademption in court, especially if the property was not clearly identified in the first place.

GROSS ESTATE

For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of prob... (more...)
For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of probate. Taxes are due only on the value of the property the person actually owned (the net estate) plus the amount of any taxable gifts made during life. In a few states, the gross estate is used when computing attorney fees for probating estates; the lawyer gets a percentage of the gross estate.

QTIP TRUST

A type of trust for wealthy married couples that allows a surviving spouse to postpone estate taxes. A QTIP trust allows the surviving spouse to make use of the... (more...)
A type of trust for wealthy married couples that allows a surviving spouse to postpone estate taxes. A QTIP trust allows the surviving spouse to make use of the trust property tax-free. Taxes are deferred until the surviving spouse dies and the trust property is received by the final trust beneficiaries, who were named by the first spouse to die.

BANKRUPTCY ESTATE

All of the property you own when you file for bankruptcy, except for most pensions and educational trusts. The trustee technically takes control of your bankrup... (more...)
All of the property you own when you file for bankruptcy, except for most pensions and educational trusts. The trustee technically takes control of your bankruptcy estate for the duration of your case.

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 ...