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Alvin Quincey Malone Lawyer

Alvin Quincey Malone

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Estate, Divorce & Family Law, Bankruptcy & Debt, Military, Bankruptcy

Al Malone left a career as a tax advisor at one of the largest and most respected companies in the world to establish a firm dedicated to helping comm... (more)

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Andrew J. Anderson Lawyer
Andrew J. Anderson
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Andrew J. Anderson

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Divorce & Family Law, Divorce, Family Law, Wills
Providing prompt, aggressive legal advice for clients in the Dallas / Fort Worth Metroplex.

After practicing for almost a decade at well-respected Dallas law firms, Andrew J. Anderson decided to form Anderson Legal Group, P.C. The focus of t... (more)

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Andrew Vincent Howard Lawyer

Andrew Vincent Howard

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Estate Planning, Family Law, Criminal, Business, Estate

Andrew Howard is a practicing attorney in the state of Texas specializing in Accident & Injury, Divorce & Family Law, and Criminal Defense. Mr. Howard... (more)

Andrew M. Lloyd Lawyer

Andrew M. Lloyd

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Juvenile Law, Estate Planning, Bankruptcy, Car Accident, Family Law

Born just south of Dallas, and true to his Texas roots, Andrew M. Lloyd fights proudly for families and justice. He exemplifies the attitude contained... (more)

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800-933-1221

Brandy M Austin Lawyer
Brandy M Austin
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Brandy M Austin

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Estate Planning, Contract, Elder Law, Personal Injury, Family Law
With 6 attorneys and a team of 17 people, we assist clients through the legal process.

Hello, my name is Brandy Austin. I am a general practice attorney and founder of the Brandy Austin Law Firm in Arlington, TX. My firm is known for its... (more)

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Bruce  Alford Lawyer

Bruce Alford

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Estate, Business

Bruce Alford is the founding lawyer of the Alford Law Firm and has been licensed in Texas in 1987. The Alford Law Firm is admitted to all Texas state ... (more)

Carol Adkins Warren Lawyer

Carol Adkins Warren

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Divorce & Family Law, Wills & Probate, Guardianships & Conservatorships, Real Estate, Power of Attorney
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Carol was born in Dallas, Texas, and grew up in Dallas and Mesquite. She graduated with a Bachelor of Arts in English from Southern Methodist Univers... (more)

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D. Grant Seabolt, Jr. Lawyer

D. Grant Seabolt, Jr.

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Business, Wills & Probate, Foreign Investment, Merger & Acquisition, Corporate Governance

D. Grant Seabolt, Jr. is a practicing lawyer in the state of Texas.

Daniel R. Bacalis Lawyer

Daniel R. Bacalis

Divorce & Family Law, Alimony & Spousal Support, Child Custody, Child Support, Estate Planning
Hurst Divorce Attorney

Daniel Bacalis is a certified family law specialist that currently has offices in Galveston and Hurst. Being a family law specialist means having at l... (more)

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817-498-4105

David Lee Jordan Lawyer

David Lee Jordan

DUI-DWI, Estate Planning, Domestic Violence & Neglect, Criminal, Estate

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Lawyer.com can help you easily and quickly find Dallas Estate Lawyers and Dallas Estate Law Firms. Refine your search by specific Estate practice areas such as Estate Planning, Trusts, Wills & Probate and Power of Attorney matters.

LEGAL TERMS

ESTATE TAXES

Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and... (more...)
Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and whether or not it goes through probate after your death, is subject to federal estate tax. Currently, however, federal estate tax is due only if your property is worth at least $2 million when you die. The estate tax is scheduled to be repealed for one year, in 2010, but Congress will probably make the repeal (or a very high exempt amount) permanent. Any property left to a surviving spouse (if he or she is a U.S. citizen) or a tax-exempt charity is exempt from federal estate taxes. Many states now also impose their own estate taxes or inheritance taxes.

TAKING AGAINST THE WILL

A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property.... (more...)
A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property. The surviving spouse can take that share instead of accepting whatever he or she inherited through the deceased spouse's will. If the surviving spouse decides to take the statutory share, it's called 'taking against the will.' Dower and curtesy is another name for the same legal process.

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

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.

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.

LIFE BENEFICIARY

A person who receives benefits, under a trust or by will, for his or her lifetime. For an example, see AB trust.

LAPSE

Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. S... (more...)
Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. Some states have anti-lapse statutes, which prevent gifts to relatives of the deceased person from lapsing unless the relative has no heirs of his or her own. A lapsed gift becomes part of the residuary estate.

DEATH TAXES

Taxes levied at death, based on the value of property left behind. Federal death taxes are called estate taxes. Some states levy inheritance taxes on people who... (more...)
Taxes levied at death, based on the value of property left behind. Federal death taxes are called estate taxes. Some states levy inheritance taxes on people who inherit property.

AB TRUST

A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of... (more...)
A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of the property goes to the beneficiaries named in the trust -- commonly, the grown children of the couple -- with the crucial condition that the surviving spouse has the right to use the property for life and is entitled to any income it generates. The surviving spouse may even be allowed to spend principal in certain circumstances. When the surviving spouse dies, the property passes to the trust beneficiaries. It is not considered part of the second spouse's estate for estate tax purposes. Using this kind of trust keeps the second spouse's taxable estate half the size it would be if the property were left directly to the spouse. This type of trust is also known as a bypass or credit shelter trust.

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 ...