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Kenneth Allan Krohn Lawyer

Kenneth Allan Krohn

VERIFIED
Estate, Estate Planning, Wills & Probate

My practice focuses on estate planning and litigating complex trust, estate and guardianship disputes. With over 20 years of civil trial and appellate... (more)

Kay J. Hamilton Lawyer

Kay J. Hamilton

VERIFIED
Estate
We fight for our clients!

Kietha "Kay" J. Hamilton is a practicing lawyer in the state of Texas. Attorney Hamilton received her J.D. from the University of Houston Law Center i... (more)

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Theodore  Skarbowski Lawyer

Theodore Skarbowski

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Estate, Accident & Injury, Business, Insurance, Litigation

I am a 28-year experienced attorney who has handled numerous personal injury, medical malpractice, probate, and complex commercial litigation cases ov... (more)

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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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

John O. Yow Lawyer

John O. Yow

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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

Ross Booth Reifel Lawyer

Ross Booth Reifel

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Criminal, Accident & Injury, Estate, Business, Timeshare

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

Marc J. Magids Lawyer

Marc J. Magids

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Bankruptcy & Debt, Estate, Business

Marc J. Magids is Of Counsel with De Lange Hudspeth. For more than 30 years Marc was associated with Zukowski, Bresenhan & Piazza LLP. Marc is a proud... (more)

Joseph G. Gere Lawyer

Joseph G. Gere

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Wills & Probate, Estate, Accident & Injury

Joseph G. Gere is a practicing lawyer in the state of Texas handling estate matters.

Charles A. Crocker Lawyer

Charles A. Crocker

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

My name is Charles A. Crocker. As an attorney, I have provided legal services to the greater Houston area since 1965. My law firm is a specialized civ... (more)

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LEGAL TERMS

COUNTERCLAIM

A defendant's court papers that seek to reverse the thrust of the lawsuit by claiming that it was the plaintiff -- not the defendant -- who committed legal wron... (more...)
A defendant's court papers that seek to reverse the thrust of the lawsuit by claiming that it was the plaintiff -- not the defendant -- who committed legal wrongs, and that as a result it is the defendant who is entitled to money damages or other relief. Usually filed as part of the defendant's answer -- which also denies plaintiff's claims -- a counterclaim is commonly but not always based on the same events that form the basis of the plaintiff's complaint. For example, a defendant in an auto accident lawsuit might file a counterclaim alleging that it was really the plaintiff who caused the accident. In some states, the counterclaim has been replaced by a similar legal pleading called a cross-complaint. In other states and in federal court, where counterclaims are still used, a defendant must file any counterclaim that stems from the same events covered by the plaintiff's complaint or forever lose the right to do so. In still other states where counterclaims are used, they are not mandatory, meaning a defendant is free to raise a claim that it was really the plaintiff who was at fault either in a counterclaim or later as part of a separate lawsuit.

PER CAPITA

Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leavin... (more...)
Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leaving 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 capita, Julie and the two grandchildren will each take a third. If, on the other hand, 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).

BENEFICIARY

A person or organization legally entitled to receive benefits through a legal device, such as a will, trust or life insurance policy.

EXEMPTION TRUST

A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth m... (more...)
A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth more than that amount, it usually goes to the surviving spouse. The trust property passes free from estate tax because of the personal exemption, and the rest is shielded from tax under the surviving spouse's marital deduction.

SURVIVING SPOUSE'S TRUST

If a couple has created an AB trust, the revocable living trust (Trust B) of the surviving spouse, after the first spouse has died.

SPECIAL ADMINISTRATOR

(1) In the law of wills and estates, a person appointed by the court to take charge of only a designated portion of an estate during probate. For example, a spe... (more...)
(1) In the law of wills and estates, a person appointed by the court to take charge of only a designated portion of an estate during probate. For example, a special administrator with particular expertise on art might be appointed to oversee the probate of a wealthy person's art collection, but not the entire estate. (2) A person appointed to be responsible for a deceased person's property for a limited time or during an emergency, such as a challenge to the will or to the qualifications of the named executor. In such cases, the special administrator's duty is to maintain and preserve the estate, not necessarily to take control of the probate process

CERTIFICATION OF TRUST

See abstract of trust.

CURATOR

See conservator.

SURROGATE COURT

See probate court.

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 ...