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John L. Barnes Lawyer

John L. Barnes

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Estate, Estate Planning, Wills & Probate, Trusts

Over 30 years of experience in providing individualized legal services. Fishing is one of my favorite activities. Fly fishing is my preferred metho... (more)

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Paul  Wieneskie Lawyer

Paul Wieneskie

Other, Wills, Business & Trade

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855-982-7199

Joe A. Gonzalez Lawyer

Joe A. Gonzalez

Real Estate, Business Organization, Estate Planning, Wills & Probate

Joe A. Gonzalez is an experienced attorney and certified public accountant with over 10 years of legal experience. Joe practices in real estate law, b... (more)

Jack Gilbert Duffy Lawyer

Jack Gilbert Duffy

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Divorce & Family Law, Criminal, Personal Injury, Accident & Injury, Wills & Probate

Jack Duffy is an experienced and aggressive trial lawyer who has won many acquittals for clients in jury trials. He has represented clients throughout... (more)

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800-936-9071

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Brandy M Austin Lawyer
Brandy M Austin
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Brandy M Austin

Brandy M Austin is a Top Attorney Award winner at Attorney.com. Only 5% have the elite qualifications. Click the badge for more info.
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Divorce & Family Law, Accident & Injury, Criminal, Business, Estate
With 6 attorneys and a team of 17 people, we assist clients through the legal process.

Hello, my name is Brandy Austin. I am a general practice attorney and founder of the Brandy Austin Law Firm in Arlington, TX. My firm is known for its... (more)

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800-945-2241

Daniel R. Bacalis Lawyer

Daniel R. Bacalis

Divorce & Family Law, Alimony & Spousal Support, Child Custody, Child Support, Estate Planning
Hurst Divorce Attorney

Daniel Bacalis is a certified family law specialist that currently has offices in Galveston and Hurst. Being a family law specialist means having at l... (more)

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817-498-4105

Dwain  Downing Lawyer

Dwain Downing

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Wills & Probate, Bankruptcy, Estate Planning, Divorce, Credit & Debt
Experienced and compassionate law firm

Hello, my name is Dwain Downing and if you are in need, I would like to be your attorney, To help you to know me a little better I would like to tell ... (more)

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800-382-6050

Craig Andrew Choate Lawyer

Craig Andrew Choate

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Estate, Business, Corporate, Trusts, Adoption

Law You Can Understand Here at Craig A Choate, PC, we know that legal action can be confusing, frustrating, and even overwhelming. We are dedicated ... (more)

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800-841-3101

J.C.  Bailey Lawyer

J.C. Bailey

Estate, Estate Planning, Wills, Trusts, Wills & Probate

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855-982-7199

Forrest W. Wagner Lawyer

Forrest W. Wagner

VERIFIED
Divorce & Family Law, Estate, Power of Attorney
Board certified in Family Law since December, 1988.

Forrest W. “Bill” Wagner is a family law attorney certified by the Texas Board of Legal Specialization as board certified in the area of family la... (more)

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LEGAL TERMS

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.

PER STIRPES

Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living children of his or her own. F... (more...)
Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living 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 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). If, on the other hand, Fred's will states that the property is to be divided per capita, Julie and the two grandchildren will each take a third.

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.

REMAINDERMAN

Someone who will inherit property in the future. For instance, if someone dies and leaves his home 'to Alma for life, and then to Barry,' Barry is a remainderma... (more...)
Someone who will inherit property in the future. For instance, if someone dies and leaves his home 'to Alma for life, and then to Barry,' Barry is a remainderman because he will inherit the home in the future, after Alma dies.

DEATH TAXES

Taxes levied at death, based on the value of property left behind. Federal death taxes are called estate taxes. Some states levy inheritance taxes on people who... (more...)
Taxes levied at death, based on the value of property left behind. Federal death taxes are called estate taxes. Some states levy inheritance taxes on people who inherit property.

FUNDING A TRUST

Transferring ownership of property to a trust.

ADMINISTRATOR

A person appointed by a probate court to handle the distribution of property of someone who has died without a will, or with a will that fails to name someone t... (more...)
A person appointed by a probate court to handle the distribution of property of someone who has died without a will, or with a will that fails to name someone to carry out this task. administrator ad litem A person appointed by a probate court to represent an estate during a lawsuit. (Ad litem is Latin for 'during the litigation.') An administrator ad litem is appointed only if there is no existing executor or administrator of the estate, or if the executor or administrator has conflicting interests. For example, Jerry's will leaves most of his property to his brother, Jeff, and also names Jeff as executor of the will. But Jerry's sister, Janine, feels that Jerry made the will under improper pressure from Jeff, and brings a lawsuit to challenge it. The court appoints an administrator ad litem to represent Jerry's estate while the lawsuit is in progress. Also known as administrator ad prosequendum, meaning administrator 'during the prosecution.' administrator ad prosequendum See administrator ad litem.administrator cum testamento annexo See administrator with will annexed. administrator de bonis non (DBN) Latin for 'administrator of goods not administered.' This term refers to the person appointed by a probate court to finish probate proceedings when the executor or previous administrator can't finish the job.administrator de bonis non cum testamento annexo (DBNCTA) A baffling title for an administrator appointed by a probate court to take over probate proceedings when the named executor dies, leaving the job unfinished.administrator pendente lite Latin for 'administrator pending litigation.' This term refers to the person appointed by a court to begin probate proceedings during a lawsuit that challenges the will. The administrator pendente lite takes an inventory of the deceased person's property and handles the business affairs of the estate until the dispute is settled. Also called a special administrator.administrator with will annexed An administrator who takes the place of an executor under a will. The administrator steps in either when a will fails to nominate an executor or the named executor is unable to serve. Also called administrator cum testamento annexo or CTA, the Latin version of 'with the will annexed.'

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.'

NET ESTATE

The value of all property owned at death less liabilities or debts.

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 ...