Fort Worth Wills & Probate Lawyer, Texas

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Curtis L Fortinberry Lawyer

Curtis L Fortinberry

VERIFIED
Criminal, Wills & Probate, Slip & Fall Accident, Personal Injury, Divorce & Family Law

Curtis L. Fortinberry practices in Criminal, Car Accident, Slip & Fall Accident, Personal Injury, Divorce & Family Law. He graduated from Taxes Wesley... (more)

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CONTACT

800-660-7051

Paul Francis Wieneskie Lawyer

Paul Francis Wieneskie

State Appellate Practice, Wills, Business & Trade
Lin C. Morrisett Lawyer

Lin C. Morrisett

Estate, Wills & Probate, Trusts, Estate Planning, Wills
Meda Clemmentine Bourland Lawyer

Meda Clemmentine Bourland

Family Law, Commercial Real Estate, Criminal, Wills
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Dwain  Downing Lawyer

Dwain Downing

VERIFIED
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)

FREE CONSULTATION 

CONTACT

800-382-6050

Andrew J. Anderson Lawyer

Andrew J. Anderson

VERIFIED
Divorce & Family Law, Criminal, Divorce, Family Law, Wills
Providing prompt, aggressive legal advice for clients in the Dallas / Fort Worth Metroplex.

After practicing for almost a decade at well-respected Dallas law firms, Andrew J. Anderson decided to form Anderson Legal Group, P.C. The focus of t... (more)

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CONTACT

800-931-7141

Irene Frances Jackson Lawyer

Irene Frances Jackson

VERIFIED
Wills & Probate, Sexual Harassment, Employment, Federal Employees, Real Estate

Irene Jackson is a practicing attorney in the state of Texas. She received her J.D. from University of Texas School of Law in 1974. She currently work... (more)

Sheppard (Shep) Sands Lawyer

Sheppard (Shep) Sands

VERIFIED
Accident & Injury, Litigation, Business, Wills & Probate

As a successful trial attorney with a broad civil trial practice, Shep has obtained numerous jury verdicts as lead attorney, such as: wrongful death, ... (more)

Ben Morton Barton Lawyer

Ben Morton Barton

VERIFIED
Divorce & Family Law, Juvenile Law, Wills & Probate, Personal Injury

Attorney Barton is a practicing lawyer in the state of Texas.

Byron L. Woolley Lawyer

Byron L. Woolley

VERIFIED
Wills & Probate, Litigation, Lawsuit, Condominiums, Estate Administration
Probate, Real Estate and Business Disputes resolved by negotiation and litigation.

*Martindale-Hubbell® Rating: AV® Preeminent™; *AVVO® Rating: 10.00; *Member College of the State Bar of Texas; *Licensed to practice la... (more)

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CONTACT

800-818-9390

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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.

MARITAL LIFE ESTATE TRUST

See AB trust.

POWER OF APPOINTMENT

The legal authority to decide who will receive someone else's property, usually property held in a trust. Most trustees can distribute the income from a trust o... (more...)
The legal authority to decide who will receive someone else's property, usually property held in a trust. Most trustees can distribute the income from a trust only according to the terms of the trust, but a trustee with a power of appointment can choose the beneficiaries, sometimes from a list of candidates specified by the grantor. For example, Karin creates a trust with power of appointment to benefit either the local art museum, symphony, library or park, depending on the trustee's assessment of need.

LIFE BENEFICIARY

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

STATUTORY SHARE

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceas... (more...)
The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceased spouse's property, but in some states the exact amount of the spouse's share depends on whether or not the couple has young children and, in a few states, on how long the couple was married. In most states, if the deceased spouse left a will, the surviving spouse must choose either what the will provides or the statutory share. Sometimes the statutory share is known by its more arcane legal name, dower and curtesy, or as a forced or elective share.

INCOMPETENCE

The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at ... (more...)
The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at which the person is present and/or represented by an attorney. A finding of incompetence may lead to the appointment of a conservator to manage the person's affairs. Also known as 'incompetency.'

ESTATE TAXES

Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and... (more...)
Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and whether or not it goes through probate after your death, is subject to federal estate tax. Currently, however, federal estate tax is due only if your property is worth at least $2 million when you die. The estate tax is scheduled to be repealed for one year, in 2010, but Congress will probably make the repeal (or a very high exempt amount) permanent. Any property left to a surviving spouse (if he or she is a U.S. citizen) or a tax-exempt charity is exempt from federal estate taxes. Many states now also impose their own estate taxes or inheritance taxes.

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.

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.

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. ...