Oakhurst Wills & Probate Lawyer, Texas
Includes: Estate Administration, Living Wills, Wills
81 Crown Dr, Coldspring, TX 77331
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Frederick E. Faulkner
Commercial Real Estate, Wills, Family Law, Criminal
Status: In Good Standing Licensed: 40 Years
30 N Butler St, Coldspring, TX 77331
Profile LAWPOINTS™19/100
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Kathleen E. Matheu
Juvenile Law, Wills, Family Law, Elder Law
Status: In Good Standing Licensed: 41 Years
50 W Cedar Ave, Coldspring, TX 77331
Profile LAWPOINTS™29/100
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Howard D. Walker
Construction, Litigation, Wills, Business & Trade
Status: In Good Standing Licensed: 41 Years
12275 Fm 1097 Rd W, Conroe, TX 77318
Profile LAWPOINTS™24/100
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12809 Pelican Island Dr, Conroe, TX 77318
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12809 Pelican Island Dr, Conroe, TX 77318
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1024 10Th St, Huntsville, TX 77320
Profile LAWPOINTS™34/100
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Jeremy Sean Romoser
Oil & Gas, Wills, Family Law, Personal Injury
Status: In Good Standing Licensed: 9 Years
1300 11Th St, Huntsville, TX 77340
Profile LAWPOINTS™29/100
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Joe B. Henderson
Real Estate, US Courts, Wills & Probate, Family Law, Litigation
Status: In Good Standing
1224 University Ave, Huntsville, TX 77340
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Shelley M. Solow
Wills, Elder Law, Bankruptcy, Bankruptcy & Debt
Status: In Good Standing Licensed: 42 Years
1211 University Ave, Huntsville, TX 77340
Profile LAWPOINTS™34/100
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LEGAL TERMS
ADMINISTRATION (OF AN ESTATE)
The court-supervised distribution of the probate estate of a deceased person. If there is a will that names an executor, that person manages the distribution. I... (more...)
The court-supervised distribution of the probate estate of a deceased person. If there is a will that names an executor, that person manages the distribution. If not, the court appoints someone, who is generally known as the administrator. In some states, the person is called the 'personal representative' in either instance.
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.
ALTERNATE BENEFICIARY
A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to ... (more...)
A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to take the property. For example, in his will Jake leaves his collection of sheet music to his daughter, Mia, and names the local symphony as alternate beneficiary. When Jake dies, Mia decides that the symphony can make better use of the sheet music than she can, so she refuses (disclaims) the gift, and the manuscripts pass directly to the symphony. In insurance law, the alternate beneficiary, usually the person who receives the insurance proceeds because the initial or primary beneficiary has died, is called the secondary or contingent beneficiary.
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.
GRANTOR RETAINED INCOME TRUST
Irrevocable trusts designed to save on estate tax. There are several kinds; with all of them, you keep income from trust property, or use of that property, for ... (more...)
Irrevocable trusts designed to save on estate tax. There are several kinds; with all of them, you keep income from trust property, or use of that property, for a period of years. When the trust ends, the property goes to the final beneficiaries you've named. These trusts are for people who have enough wealth to feel comfortable giving away a substantial hunk of property. They come in three flavors: Grantor-Retained Annuity Trusts (GRATs), Grantor-Retained Unitrusts (GRUTs) and Grantor-Retained Income Trusts (GRITs).
CHARITABLE TRUST
Any trust designed to make a substantial gift to a charity and also achieve income and estate tax savings for the person who creates the trust (the grantor).
DISCHARGE (OF PROBATE ADMINISTRATOR)
A court order releasing the administrator or executor from any further duties connected with the probate of an estate. This typically occurs when the duties hav... (more...)
A court order releasing the administrator or executor from any further duties connected with the probate of an estate. This typically occurs when the duties have been completed but may happen sooner if the executor or administrator wishes to withdraw or is dismissed.
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.'
TRUST MERGER
Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separati... (more...)
Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separation between the trustee's legal ownership of trust property from the beneficiary's interest. The trust 'merges' and ceases to exist.
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. ...
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