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Andrew Garcia Ramon Lawyer

Andrew Garcia Ramon

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Injured in Texas? Need to get out of a bad marriage here in the Lone Star State? We pride ourselves in delivering big firm results while maintainin... (more)

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Frank D. Sandoval

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Dedicated to representing every client with personalized service and integrity. We never forget you are trusting us to resolve your case as if you wer... (more)

Ryan C. Moe Lawyer

Ryan C. Moe

Guardianships & Conservatorships, Estate Planning, Elder Law, Wills & Probate
San Antonio Guardianship Lawyer.

The Law Office of Ryan C. Moe PLLC is a skilled and knowledgeable San Antonio firm, providing guidance and direction you need. Attorney Ryan C. Mo... (more)

Law Offices of Jesus R Lopez Lawyer

Law Offices of Jesus R Lopez

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Criminal, Divorce & Family Law, Wills & Probate, Adoption, Juvenile Law

Originally from Del Rio, Texas, Jesus is fluent in both Spanish and English. With an undergraduate degree in Economics and International Business from... (more)

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Jon Disrud

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Divorce & Family Law, Child Custody, Military, Wills & Probate, Criminal
Board Certified in Family Law, Texas Board of Legal Specialization.

I am a Board Certified Family attorney who practices in the San Antonio, Texas and surrounding counties. I have a great deal of experience regarding ... (more)

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Geoffery Ray Mayfield Lawyer

Geoffery Ray Mayfield

Estate, Estate Planning, Wills & Probate, Real Estate, Business
Bexar County Estate Planning Lawyer and Probate Litigation Attorney

Attorney Geoffery Mayfield founded Geoff Mayfield, Attorney at Law in 2005. He practices in the areas of Estate Planning, Wills & Probate, Real Estate... (more)

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James M. Bell Lawyer

James M. Bell

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Experienced Estate Planning, Wills & Trusts, Probate - Real Estate - Oil & Gas

James Michael Bell, Sr. was born, a long time ago, far out on the windy, hot, dusty, sometimes cold (but always windy), flat, sun-blasted plains of We... (more)

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Marilee Hazel Brown

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Divorce & Family Law, Personal Injury, Car Accident, Estate

As a former assistant district attorney and successful private practice owner, Marilee Hazel Brown provides clients broad expertise in the legal proce... (more)

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LEGAL TERMS

BENEFICIARY

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

LIVING TRUST

A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the t... (more...)
A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the trust during your life passes directly to the trust beneficiaries after you die, without court involvement. The successor trustee--the person you appoint to handle the trust after your death--simply transfers ownership to the beneficiaries you named in the trust. Living trusts are also called 'inter vivos trusts.'

SELF-PROVING WILL

A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-prov... (more...)
A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-proving when two witnesses sign under penalty of perjury that they observed the willmaker sign it and that he told them it was his will. If no one contests the validity of the will, the probate court will accept the will without hearing the testimony of the witnesses or other evidence. To make a self-proving will in other states, the willmaker and one or more witnesses must sign an affidavit (sworn statement) before a notary public certifying that the will is genuine and that all willmaking formalities have been observed.

CERTIFIED COPY

A copy of a document issued by a court or government agency guaranteed to be a true and exact copy of the original. Many agencies and institutions require certi... (more...)
A copy of a document issued by a court or government agency guaranteed to be a true and exact copy of the original. Many agencies and institutions require certified copies of legal documents before permitting certain transactions. For example, a certified copy of a death certificate is required before a bank will release the funds in a deceased person's payable-on-death account to the person who has inherited them.

RESIDUARY ESTATE

The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court c... (more...)
The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court costs are paid. The residuary estate also includes any gifts under a will that fail or lapse. For example, Connie's will leaves her house and all its furnishings to Andrew, her VW bug to her friend Carl, and the remainder of her property (the residuary estate) to her sister Sara. She doesn't name any alternate beneficiaries. Carl dies before Connie. The VW bug becomes part of the residuary estate and passes to Sara, along with all of Connie's property other than the house and furnishings. Also called the residual estate or residue.

PUBLIC ADMINISTRATOR

Someone appointed by a probate court to oversee probate proceedings when a person dies without a will or heirs, and his or her property is expected to pass to t... (more...)
Someone appointed by a probate court to oversee probate proceedings when a person dies without a will or heirs, and his or her property is expected to pass to the state. Some states have public administrators who are responsible for temporarily preserving the assets of an estate if there are disputes about specific provisions in the will or about who will be appointed the regular administrator.

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.

IN TERROREM

Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement... (more...)
Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement. For example, a will might state that an heir will forfeit her inheritance if she challenges the validity of the will. Of course, if the will is challenged and found to be invalid, then the clause itself is also invalid and the heir takes whatever she would have inherited if there were no will.

MINERAL RIGHTS

An ownership interest in the minerals contained in a particular parcel of land, with or without ownership of the surface of the land. The owner of mineral right... (more...)
An ownership interest in the minerals contained in a particular parcel of land, with or without ownership of the surface of the land. The owner of mineral rights is usually entitled to either take the minerals from the land himself or receive a royalty from the party that actually extracts the minerals.

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 ...