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Harvey L. Cox
About | Practice Areas
Law Office of Harvey L. Cox
1600 Lake Air Drive Suite 102 Waco, TX 76710» view map
Estate Law, Power of Attorney
A New Perspective On Estate Planning

Our Family Estate & Business Planning focuses on protecting your assets from creditors, predators, lawsuits, judgments, liens, and greedy relatives.

800-795-7741
1. Harvey L. Cox Waco, TX
  Attorney at Law - TX, 1990
  University of Houston Law Center J.D.
2. AboutLaw Office of Harvey L. Cox
  We Will Help You Build A Financial Fortress
3. Practice AreasExpertise
  Estate Law, Power of Attorney
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Jack M. Tarver

Dispute Resolution, Corporate, Business Organization, Wills & Probate

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319 N Third St., Temple, TX 76501

Jimmy Earl Thigpen

Wills, Elder Law, Business & Trade, Commercial Real Estate

Status: Licensed: 52 Years

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Temple, TX 76503

Benjamin Courtney Cuba

Commercial Real Estate, Wills, Business & Trade, Business

Status: Licensed: 61 Years

CONTACT

Temple, TX 76503

Devon St. Clair Linzy

Tax, Wills, Gift Taxation, Elder Law

Status: Licensed: 12 Years

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Temple, TX 76503

Patrick John Ridley

DUI-DWI, Estate Planning, Family Law, Criminal, Estate

Status: Licensed: 52 Years

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Temple, TX 76503

Stephen G. Johnson

Commercial Real Estate, Wills, Elder Law, Business & Trade

Status: Licensed: 47 Years

CONTACT

122 Bridge St, Marlin, TX 76661

Hollis C. Lewis

DUI-DWI, Estate Planning, Family Law, Government,

Status: Licensed: 53 Years

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202 West 6Th St, Cameron, TX 76520

Clyde W. Chandler

Wills, Estate, Family Law, Criminal

Status: Licensed: 30 Years

CONTACT

120 E. 1St Street, Cameron, TX 76520

William T. Wilson

Juvenile Law, Estate Planning, Family Law, Commercial Real Estate, Business

Status: Licensed: 55 Years

CONTACT

100 W Adams Ave, Temple, TX 76501

Mark Staley Whitaker

Litigation, Wills, Gift Taxation, Business & Trade

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15 N Main St, Temple, TX 76501

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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.

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.

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.

INTESTATE

The condition of dying without a valid will. The probate court appoints an administrator to distribute the deceased person's property according to state law.

DEED OF TRUST

See trust deed.

STATUTORY SHARE

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceas... (more...)

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceased spouse's property, but in some states the exact amount of the spouse's share depends on whether or not the couple has young children and, in a few states, on how long the couple was married. In most states, if the deceased spouse left a will, the surviving spouse must choose either what the will provides or the statutory share. Sometimes the statutory share is known by its more arcane legal name, dower and curtesy, or as a forced or elective share.

NONPROBATE

The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surv... (more...)

The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surviving spouse and property left outside of a will through probate-avoidance methods such as pay-on-death designations, joint tenancy ownership, living trusts and life insurance. Property that avoids probate is sometimes described as the 'nonprobate estate.' Nonprobate distribution may also occur if the deceased person leaves an invalid will. In that case, property will pass according to the particular state's laws of intestate succession.

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.'

SPENDTHRIFT TRUST

A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the benefi... (more...)

A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the beneficiary as needed, and sometimes paying third parties (creditors, for example) on the beneficiary's behalf, bypassing the beneficiary completely. Spendthrift trusts typically contain a provision prohibiting creditors from seizing the trust fund to satisfy the beneficiary's debts. These trusts are legal in most states, even though creditors hate them.

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 ...

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Rosebud Estate Lawyer, Texas

Sponsored Law Firm

Law Office of Harvey L. Cox

SPONSORED LAWYERS

Jack M. Tarver

Jimmy Earl Thigpen

Benjamin Courtney Cuba

Devon St. Clair Linzy

Patrick John Ridley

Stephen G. Johnson

Hollis C. Lewis

Clyde W. Chandler

William T. Wilson

Mark Staley Whitaker

TIPS

LEGAL TERMS

ESTATE TAXES

GROSS ESTATE

EXEMPTION TRUST

INTESTATE

DEED OF TRUST

STATUTORY SHARE

NONPROBATE

LIVING TRUST

SPENDTHRIFT TRUST

SAMPLE LEGAL CASES

In re Estate of Tyner

In re Estate of Rhea

In re Estate of Gaines

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