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AV Preeminent Peer Rated Attorneys
Atascocita Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Atascocita Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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Commonly Asked Estate Planning Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Does the family inure the debt the father made without their knowledge once he dies?

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Answered by attorney Geoffrey N Germane (Unclaimed Profile)
Estate Planning lawyer at Kirton & McConkie A Professional Corporation
If the debt was in his name alone and was not secured by collateral, the debt becomes a debt of his estate, and not of his heirs. Any property owned by his estate would be potentially subject to satisfying the debt.
If the debt was in his name alone and was not secured by collateral, the debt becomes a debt of his estate, and not of his heirs. Any property owned by his estate would be potentially subject to satisfying the debt.
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My father died, will my mother get his entire estate?

Kimberly Demetrice French
Answered by attorney Kimberly Demetrice French (Unclaimed Profile)
Estate Planning lawyer at Law Offices of Kimberly D. Moss, PLLC
I think it's useful to discuss the different between what happens when someone does have a will, and when someone doesn't. In Texas, a person who dies without a will is known as "intestate." In that case, with your father's set of facts, the rule is that if he died intestate and had no other children outside of his marriage to your mother, your mother would indeed take everything upon his death. Because your father had a will, this default rule does not apply. The details and contents of your father's will determine what you are indeed entitled to. If your mother has begun the probate process, she will be required to submit an original version of his will to the court where it will then be made public. You can then see what his will said by looking up the case information online (available in many of the larger counties in Texas) or by contacting the county clerk's office. It appears as though your father made provisions for you in his will, but it's a good idea to consult a local attorney experienced in probate matters to discuss the specifics of your case. That way you'll have all of the information you need to decide how to move forward. Good luck.
I think it's useful to discuss the different between what happens when someone does have a will, and when someone doesn't. In Texas, a person who dies without a will is known as "intestate." In that case, with your father's set of facts, the rule is that if he died intestate and had no other children outside of his marriage to your mother, your mother would indeed take everything upon his death. Because your father had a will, this default rule does not apply. The details and contents of your father's will determine what you are indeed entitled to. If your mother has begun the probate process, she will be required to submit an original version of his will to the court where it will then be made public. You can then see what his will said by looking up the case information online (available in many of the larger counties in Texas) or by contacting the county clerk's office. It appears as though your father made provisions for you in his will, but it's a good idea to consult a local attorney experienced in probate matters to discuss the specifics of your case. That way you'll have all of the information you need to decide how to move forward. Good luck.
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When you become an administrator of an estate, how do you know your duties?

Answered by attorney Dara J. Goldsmith
Estate Planning lawyer at Goldsmith & Guymon, P.C.
All of those issues are addressed in the statutes. You are charged with knowing the law. I suggest you make inquiry of your attorney, or if you do not have one, you may wish to hire one.
All of those issues are addressed in the statutes. You are charged with knowing the law. I suggest you make inquiry of your attorney, or if you do not have one, you may wish to hire one.
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