Pearland Wills & Probate Lawyer, Texas, page 9

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Law Office of Bryan Fagan
3707 Cypress Creek Pkwy Suite 400 Houston, TX 77068Â» view map
Divorce, Family Law, Child Custody
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1. Bryan Fagan Houston, TX
  Attorney at Law - TX, 2012
  South Texas College of Law, J.D. - 2011
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  About the Law Office of Bryan Fagan
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Includes: Estate Administration, Living Wills, Wills

Susan Marie Geiger Alston

Business & Trade, Elder Law, Family Law, Wills, Dispute Resolution

Status: Licensed: 23 Years

CONTACT

807 S Friendswood Dr, Friendswood, TX 77546

William L. H. Morgan

Business & Trade, Commercial Real Estate, Wills, Gift Taxation

Status: Licensed: 44 Years

CONTACT

12815 Gulf Fwy., Houston, TX 77034

Fredia J. Lewis

Wills, Estate, Family Law, Divorce & Family Law

Status: Licensed: 48 Years

CONTACT

4122 Dacca Dr., Houston, TX 77047

Scott Robert Dayton

Personal Injury, Consumer Bankruptcy, Business & Trade, Family Law, Wills

Status: Licensed: 27 Years

CONTACT

907 S Friendswood Drive, Friendswood, TX 77546

Robert Scott Smith

Wills, Natural Resources, Family Law, Elder Law

Status: Licensed: 24 Years

CONTACT

907 S Friendswood Dr, Friendswood, TX 77546

Melbourne Timothy Berlinger

Elder Law, Estate, International Other, Wills

Status: Licensed: 23 Years

CONTACT

907 S Friendswood Dr, Friendswood, TX 77546

James W. Woltz

Criminal, Family Law, Wills, Commercial Real Estate

Status: Licensed: 51 Years

CONTACT

907 S Friendswood Dr, Friendswood, TX 77546

Daniel Joseph Snooks

Administrative Law, Wills, Public Schools, Commercial Real Estate

Status: Licensed: 62 Years

CONTACT

11550 Fuqua St, Houston, TX 77034

Robert Allen Whitley

Accident & Injury, Business, Business & Trade, Wills, Lawsuit & Dispute

Status: Licensed: 19 Years

CONTACT

12621 Featherwood Dr, Houston, TX 77034

Esther Garza Anderson

Civil & Human Rights, Employment, Wills, Elder Law

Status: Licensed: 31 Years

CONTACT

1313 W Parkwood Ave, Friendswood, TX 77546

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LEGAL TERMS

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.

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).

SUMMARY PROBATE

A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are ... (more...)

A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are complicated, but a few examples include estates worth up to $100,000 in California; New York estates where property, excluding real estate and amounts that must be set aside for surviving family members, is worth $20,000 or less; and Texas estates where the value of property doesn't exceed what is needed to pay a family allowance and certain creditors.

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.'

SECONDARY MEANING

In trademark law, a mark that is not inherently distinctive becomes protected after developing a 'secondary meaning': great public recognition through long use ... (more...)

In trademark law, a mark that is not inherently distinctive becomes protected after developing a 'secondary meaning': great public recognition through long use and exposure in the marketplace. For example, though first names are not generally considered inherently distinctive, Ben & Jerry's Ice Cream has become so well known that it is now entitled to maximum trademark protection.

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.

FAMILY POT TRUST

See pot trust.

GROSS ESTATE

For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of prob... (more...)

For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of probate. Taxes are due only on the value of the property the person actually owned (the net estate) plus the amount of any taxable gifts made during life. In a few states, the gross estate is used when computing attorney fees for probating estates; the lawyer gets a percentage of the gross estate.

PROVING A WILL

Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily sat... (more...)

Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily satisfies by showing that the will was signed and dated by the deceased person in front of two or more witnesses. When the will is holographic -- that is, completely handwritten by the deceased and not witnessed, it is still valid in many states if the executor can produce relatives and friends to testify that the handwriting is that of the deceased.

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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Pearland Wills & Probate Lawyer, Texas, page 9

Sponsored Law Firm

Law Office of Bryan Fagan

SPONSORED LAWYERS

Susan Marie Geiger Alston

William L. H. Morgan

Fredia J. Lewis

Scott Robert Dayton

Robert Scott Smith

Melbourne Timothy Berlinger

James W. Woltz

Daniel Joseph Snooks

Robert Allen Whitley

Esther Garza Anderson

TIPS

LEGAL TERMS

EXEMPTION TRUST

PER CAPITA

SUMMARY PROBATE

INCOMPETENCE

SECONDARY MEANING

TRUST MERGER

FAMILY POT TRUST

GROSS ESTATE

PROVING A WILL

SAMPLE LEGAL CASES

Frost Nat. Bank v. Fernandez

In re Estate of Gaines

In re Estate of Walker

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