Leander Wills & Probate Lawyer, Texas

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Includes: Estate Administration, Living Wills, Wills

Terry L. Belt Lawyer

Terry L. Belt

VERIFIED
Estate, Power of Attorney, Elder Law, Wills & Probate, Commercial Real Estate

Terry Belt arrived in Austin in 1965 from the little German town of Weimar, Texas, where he learned to haul hay bales for the local farmers. He attend... (more)

Les David Romo Lawyer

Les David Romo

VERIFIED
Wills & Probate, Business, Lawsuit & Dispute, Real Estate, Litigation

Attorney Les Romo graduated from Southwestern University here in Georgetown and went on to earn his Doctorate of Jurisprudence at St. Mary’s Univers... (more)

Richard  Pena Lawyer

Richard Pena

VERIFIED
Accident & Injury, Employment, Personal Injury, Workers' Compensation, Wills & Probate

Richard Pena is president and CEO of the firm. He was elected by his peers to serve as the President of the State Bar of Texas from 1998-1999. He serv... (more)

Chris McHam

Criminal, Family Law, Wills & Probate, Business
Status:  In Good Standing           

Marcus J. Brooks

Estate Planning, Federal Appellate Practice, Wills & Probate, State Appellate Practice
Status:  In Good Standing           

Kristin L. Lemke

Estate Planning, Family Law, Litigation, Wills & Probate
Status:  In Good Standing           

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Lauren K. Davis

Complex Litigation, Living Wills, Estate Administration, Guardianships & Conservatorships
Status:  In Good Standing           

Elizabeth Boyce

Collaborative Law, Family Law, Wills & Probate, Wills
Status:  In Good Standing           

Mary E. Haught

Litigation, State Trial Practice, Estate Administration, Guardianships & Conservatorships
Status:  In Good Standing           

Joe Newberry

Family Law, Wills & Probate, Collaborative Law, Estate Planning
Status:  In Good Standing           

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Free Help: Use This Form or Call 800-943-8690

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LEGAL TERMS

WARRANTY DEED

A seldom-used type of deed that contains express assurances about the legal validity of the title being transferred.

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.

CURATOR

See conservator.

PRETERMITTED HEIR

A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child b... (more...)
A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child born or adopted after the will is made may be deemed a pretermitted heir. If the court determines that an heir was accidentally omitted, that heir is entitled to receive the same share of the estate as she would have if the deceased had died without a will. A pretermitted heir is sometimes called an 'omitted heir.'

GRANTOR

Someone who creates a trust. Also called a trustor or settlor.

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.

GENERATION-SKIPPING TRANSFER TAX

A federal tax imposed on money placed in a generation-skipping trust. Currently, there is a $1 million exemption to the GSTT; that is, each person may leave $1 ... (more...)
A federal tax imposed on money placed in a generation-skipping trust. Currently, there is a $1 million exemption to the GSTT; that is, each person may leave $1 million in a generation-skipping trust free of this tax. The GSST is imposed when the middle-generation beneficiaries die and the property is transferred to the third-generation beneficiaries. Every dollar over $1 million is subject to the highest existing estate tax rate--currently 55%--at the time the GSTT tax is applied.

FUNDING A TRUST

Transferring ownership of property to a trust.

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.

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. ...