Austin Wills & Probate Lawyer, Texas

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Includes: Estate Administration, Living Wills, Wills

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)

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)

Kristin L. Lemke

Estate Planning, Family Law, Litigation, Wills & Probate
Status:  In Good Standing           

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Lauren K. Davis

Complex Litigation, Living Wills, Estate Administration, Guardianships & Conservatorships
Status:  In Good Standing           

Mary E. Haught

Litigation, State Trial Practice, Estate Administration, Guardianships & Conservatorships
Status:  In Good Standing           

Elizabeth Boyce

Collaborative Law, Family Law, Wills & Probate, Wills
Status:  In Good Standing           

Joe Newberry

Family Law, Wills & Probate, Collaborative Law, Estate Planning
Status:  In Good Standing           

Marcus J. Brooks

Estate Planning, Federal Appellate Practice, Wills & Probate, State Appellate Practice
Status:  In Good Standing           

Jason Lee Partney

Real Estate, Wills, Estate Planning, DUI-DWI
Status:  In Good Standing           

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Free Help: Use This Form or Call 800-943-8690

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800-943-8690

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LEGAL TERMS

MINERAL RIGHTS

An ownership interest in the minerals contained in a particular parcel of land, with or without ownership of the surface of the land. The owner of mineral right... (more...)
An ownership interest in the minerals contained in a particular parcel of land, with or without ownership of the surface of the land. The owner of mineral rights is usually entitled to either take the minerals from the land himself or receive a royalty from the party that actually extracts the minerals.

CONSERVATOR

Someone appointed by a judge to oversee the affairs of an incapacitated person. A conservator who manages financial affairs is often called a 'conservator of th... (more...)
Someone appointed by a judge to oversee the affairs of an incapacitated person. A conservator who manages financial affairs is often called a 'conservator of the estate.' One who takes care of personal matters, such as healthcare and living arrangements, is known as a 'conservator of the person.' Sometimes, one conservator is appointed to handle all these tasks. Depending on where you live, a conservator may also be called a guardian, committee or curator.

SUCCESSION

The passing of property or legal rights after death. The word commonly refers to the distribution of property under a state's intestate succession laws, which d... (more...)
The passing of property or legal rights after death. The word commonly refers to the distribution of property under a state's intestate succession laws, which determine who inherits property when someone dies without a valid will. When used in connection with real estate, the word refers to the passing of property by will or inheritance, as opposed to gift, grant, or purchase.

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.

BEQUEATH

A legal term sometimes used in wills that means 'leave' -- for example, 'I bequeath my garden tools to my brother-in-law, Buster Jenkins.'

POUR-OVER WILL

A will that 'pours over' property into a trust when the will maker dies. Property left through the will must go through probate before it goes into the trust.

ANCILLARY PROBATE

A probate proceeding conducted in a different state from the one the deceased person resided in at the time of death. Usually, ancillary probate proceedings are... (more...)
A probate proceeding conducted in a different state from the one the deceased person resided in at the time of death. Usually, ancillary probate proceedings are necessary if the deceased person owned real estate in another state.

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.

WILL

A document in which you specify what is to be done with your property when you die and name your executor. You can also use your will to name a guardian for you... (more...)
A document in which you specify what is to be done with your property when you die and name your executor. You can also use your will to name a guardian for your young children.

SAMPLE LEGAL CASES

Frost Nat. Bank v. Fernandez

... The principal issue on appeal is whether the district court had jurisdiction to render summary judgment when similar bill of review proceedings and applications 497 for determination of heirship were pending in the probate court. ... 3. Probate Code. ...

In re Estate of Gaines

... The will also named Green and his wife the guardians of Gaines's children. Davis did not submit an application to probate Gaines's will for over three years after Gaines's death. ... In response, Davis submitted an application to probate Gaines's will on October 13, 2006. ...

In re Estate of Walker

... They appeal from an order of the probate court denying them relief in their complaint regarding an amended inventory filed by the independent executor of the deceased's estate. ... Beasley filed an application to probate the deceased's will on August 18, 2003. ...