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Charlie  Henke Lawyer

Charlie Henke

VERIFIED
Complex Litigation, Wills & Probate, Elder Law, Lawsuit & Dispute, Arbitration
Board Certified Business and Probate Litigator

Charlie Henke is the founding partner of Henke Law Firm, LLP, the predecessor to Henke, Williams & Boll, LLP. The firm was founded in 1992. His practi... (more)

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800-971-0870

Lee Keller King Lawyer

Lee Keller King

Lawsuit & Dispute, Divorce & Family Law, Foreclosure, Wills & Probate, Landlord-Tenant
Experienced trial attorney. Member of the Texas Bar College.

Lee King proudly serves Houston, Texas and the neighboring communities in the areas of lawsuit & dispute, divorce & family law, litigation, commercial... (more)

Eric C. Grimm Lawyer

Eric C. Grimm

VERIFIED
Business, Estate, Science, Technology & Internet, Real Estate, Contract

Eric C. Grimm is an attorney in Houston, TX practicing Business Law, Estate Law, Science Law, Technology & Internet Law, Real Estate Law, and Contract... (more)

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800-619-8170

John O. Yow Lawyer

John O. Yow

VERIFIED
Estate, Wills & Probate, Estate Planning, Trusts

John O. Yow, PLLC has a thorough understanding of Texas law. I work hard to help you get the best possible results. Our first priority is providing... (more)

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800-661-8270

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Eric Charles Hixon Lawyer

Eric Charles Hixon

VERIFIED
Consumer Bankruptcy, Wills & Probate, Accident & Injury, Foreclosure, Insurance

Mr. Hixon is an Bankruptcy Lawyer proudly serving Bellaire, Texas and the neighboring communities.

Gregory G. Heffelfinger Lawyer

Gregory G. Heffelfinger

VERIFIED
Wills & Probate, Estate Planning, Trusts, Elder Law, Real Estate
Over 30 years experience in estate planning - wills, trusts, probate and estate administration.

Helping families in Houston and surrounding area for over 30 years. Services include wills, trusts, estate planning, disability planning, probate,est... (more)

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800-966-7950

Eraka  Childs Lawyer

Eraka Childs

VERIFIED
Divorce & Family Law, Litigation, Real Estate, Business Organization, Wills & Probate

Eraka Childs received her B.A. in Business in 1994 from Southwestern University, located in Georgetown, Texas, and she received her J.D. in 1997 from ... (more)

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800-497-8480

Colleen  McClure Lawyer

Colleen McClure

VERIFIED
Real Estate, Criminal, Estate, Accident & Injury, Family Law

I am a Christian Attorney diligently working to take care of my client's cases that have been entrusted to me. At my office the client always comes ... (more)

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800-796-8960

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LEGAL TERMS

MARITAL LIFE ESTATE TRUST

See AB trust.

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.

SPENDTHRIFT TRUST

A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the benefi... (more...)
A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the beneficiary as needed, and sometimes paying third parties (creditors, for example) on the beneficiary's behalf, bypassing the beneficiary completely. Spendthrift trusts typically contain a provision prohibiting creditors from seizing the trust fund to satisfy the beneficiary's debts. These trusts are legal in most states, even though creditors hate them.

INHERIT

To receive property from someone who has died. Traditionally, the word 'inherit' applied only when one received property from a relative who died without a will... (more...)
To receive property from someone who has died. Traditionally, the word 'inherit' applied only when one received property from a relative who died without a will. Currently, however, the word is used whenever someone receives property from the estate of a deceased person.

PROBATE COURT

A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate cour... (more...)
A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate court' in New York and several other states, this court normally examines the authenticity of a will -- or if a person dies intestate, figures out who receives her property under state law. It then oversees a procedure to pay the deceased person's debts and to distribute her assets to the proper inheritors. See probate.

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.'

ADMINISTRATRIX

An outdated term for a female administrator -- the person appointed by a court to handle probate on behalf of someone who died without a will. Now, whether male... (more...)
An outdated term for a female administrator -- the person appointed by a court to handle probate on behalf of someone who died without a will. Now, whether male or female, this person is called the administrator.

DOWER AND CURTESY

A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') ... (more...)
A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') refers to the portion to which a surviving wife is entitled, while curtesy refers to what a man may claim. Until recently, these amounts differed in a number of states. However, because discrimination on the basis of sex is now illegal in most cases, most states have abolished dower and curtesy and generally provide the same benefits regardless of sex -- and this amount is often known simply as the statutory share. Under certain circumstances, a living spouse may not be able to sell or convey property that is subject to the other spouse's dower and curtesy or statutory share rights.

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.

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 ...