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Jason  Brown Lawyer

Jason Brown

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Divorce & Family Law, Estate

Jason Brown is a US Army Veteran who decided to continue serving his community by becoming an attorney. He received his Juris Doctorate from the Unive... (more)

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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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David Lee Jordan Lawyer

David Lee Jordan

DUI-DWI, Estate Planning, Domestic Violence & Neglect, Criminal, Estate
Paul  Wieneskie Lawyer

Paul Wieneskie

Other, Wills, Business & Trade

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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

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.
VERIFIED
Estate Planning, Contract, Elder Law, Personal Injury, Family Law
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

J.C.  Bailey Lawyer

J.C. Bailey

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

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Forrest W. Wagner Lawyer

Forrest W. Wagner

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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)

Alvin Quincey Malone Lawyer

Alvin Quincey Malone

VERIFIED
Estate, Divorce & Family Law, Bankruptcy & Debt, Military, Bankruptcy

Al Malone left a career as a tax advisor at one of the largest and most respected companies in the world to establish a firm dedicated to helping comm... (more)

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LEGAL TERMS

PROPERTY CONTROL TRUST

Any trust that imposes limits or controls over the rights of trust beneficiaries. These trusts include (1) special needs trusts designed to assist people who ha... (more...)
Any trust that imposes limits or controls over the rights of trust beneficiaries. These trusts include (1) special needs trusts designed to assist people who have special physical, emotional or other requirements, (2) spendthrift trusts designed to prevent a beneficiary from wasting the trust principal; and (3) sprinkling trusts that allow the trustee to decide how to distribute trust income or principal among the beneficiaries.

SPRINKLING TRUST

A trust that gives the person managing it (the trustee) the discretion to disburse its funds among the beneficiaries in any way he or she sees fit.

EXECUTOR

The person named in a will to handle the property of someone who has died. The executor collects the property, pays debts and taxes, and then distributes what's... (more...)
The person named in a will to handle the property of someone who has died. The executor collects the property, pays debts and taxes, and then distributes what's left, as specified in the will. The executor also handles any probate court proceedings and notifies people and organizations of the death. Also called personal representatives.

TAKING AGAINST THE WILL

A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property.... (more...)
A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property. The surviving spouse can take that share instead of accepting whatever he or she inherited through the deceased spouse's will. If the surviving spouse decides to take the statutory share, it's called 'taking against the will.' Dower and curtesy is another name for the same legal process.

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.

ABSTRACT OF TRUST

A condensed version of a living trust document, which leaves out details of what is in the trust and the identity of the beneficiaries. You can show an abstract... (more...)
A condensed version of a living trust document, which leaves out details of what is in the trust and the identity of the beneficiaries. You can show an abstract of trust to a financial organization or other institution to prove that you have established a valid living trust, without revealing specifics that you want to keep private. In some states, this document is called a 'certification of trust.'

TESTAMENTARY TRUST

A trust created by a will, effective only upon the death of the willmaker.

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.

MARITAL LIFE ESTATE TRUST

See AB 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 ...