Houston Estate Lawyer, Texas

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Theodore  Skarbowski Lawyer

Theodore Skarbowski

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Estate, Accident & Injury, Business, Insurance, Litigation

I am a 28-year experienced attorney who has handled numerous personal injury, medical malpractice, probate, and complex commercial litigation cases ov... (more)

Kay J. Hamilton Lawyer

Kay J. Hamilton

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Divorce & Family Law, Estate, Foreclosure

Kietha "Kay" J. Hamilton is a practicing lawyer in the state of Texas. Attorney Hamilton received her J.D. from the University of Houston Law Center i... (more)

Charlie  Henke Lawyer

Charlie Henke

VERIFIED
Complex Litigation, Wills & Probate, Elder Law, Lawsuit & Dispute, Arbitration
Board Certified Business and Probate Litigator

Charlie Henke is the founding partner of Henke Law Firm, LLP, the predecessor to Henke, Williams & Boll, LLP. The firm was founded in 1992. His practi... (more)

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800-971-0870

Lee Keller King Lawyer

Lee Keller King

Lawsuit & Dispute, Divorce & Family Law, Wills & Probate, Real Estate, Commercial Real Estate
Experienced trial attorney. Member of the Texas Bar College.

Lee King proudly serves Houston, Texas and the neighboring communities in the areas of lawsuit & dispute, divorce & family law, litigation, commercial... (more)

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Michael L. Sprain Lawyer

Michael L. Sprain

VERIFIED
Employment, Workers' Compensation, Personal Injury, Divorce & Family Law, Estate

Following graduation from Florida Atlantic University, Michael worked for Dr. M. Alexander Gabrielsen, a leading expert in aquatic injuries. He was a... (more)

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713-592-6300

John O. Yow Lawyer

John O. Yow

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Estate, Wills & Probate, Estate Planning, Trusts

John O. Yow, PLLC has a thorough understanding of Texas law. I work hard to help you get the best possible results. Our first priority is providing... (more)

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800-661-8270

Michael R. Tibbets Lawyer

Michael R. Tibbets

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Estate, Commercial Leasing, Wills & Probate, Business Organization

AREAS OF PRACTICE: Estate Planning; Probate of Wills; Administration of Estates; Drafting Wills; Drafting Trusts; Administration of Trusts; ... (more)

Ross Booth Reifel Lawyer

Ross Booth Reifel

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Criminal, Accident & Injury, Estate, Business, Real Estate

Attorney Reifel is a practicing lawyer in the state of Texas.

Gregory G. Heffelfinger Lawyer

Gregory G. Heffelfinger

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Estate, Wills & Probate, Estate Administration, Trusts, Real Estate
Over 35 years experience in estate planning - wills, trusts, probate and estate administration.

Helping families in Houston and surrounding area for over 35 years. Services include wills, trusts, estate planning, disability planning, probate,est... (more)

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800-966-7950

Benjamin K. Sanchez Lawyer

Benjamin K. Sanchez

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Consumer Rights, Divorce & Family Law, Wills & Probate, Criminal, Lawsuit & Dispute
I help consumers, spouses, and parents get peace of mind when they are sued!

We give you the leverage you need to make sound decisions when disputes rise to the level of litigation. By quickly and aggressively advancing your i... (more)

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800-785-3351

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LEGAL TERMS

NET ESTATE

The value of all property owned at death less liabilities or debts.

BYPASS TRUST

A trust designed to lessen a family's overall estate tax liability. An AB trust is the most popular kind of bypass 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.

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.

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.

CHARITABLE TRUST

Any trust designed to make a substantial gift to a charity and also achieve income and estate tax savings for the person who creates the trust (the grantor).

AUGMENTED ESTATE

In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used on... (more...)
In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used only in some states. Its value is calculated only if a surviving spouse declines whatever he or she was left by will and instead claims a share of the deceased spouse's estate. (This is called taking against the will.) The amount of this 'statutory share' or 'elective share' depends on state law.

SWEARING MATCH

A case that turns on the word of one witness versus another. The outcome of a swearing match usually depends on whom the jury finds most trustworthy.

REMAINDERMAN

Someone who will inherit property in the future. For instance, if someone dies and leaves his home 'to Alma for life, and then to Barry,' Barry is a remainderma... (more...)
Someone who will inherit property in the future. For instance, if someone dies and leaves his home 'to Alma for life, and then to Barry,' Barry is a remainderman because he will inherit the home in the future, after Alma dies.

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 ...