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AV Preeminent Peer Rated Attorneys
Flat Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Flat 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).
  • 208 E. Central Ave., Ste. 108, Belton, TX 76513

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  • 2109 Bird Creek Terrace, Temple, TX 76502-1083

  • 100 N. Main, Belton, TX 76513

  • Hewitt, TX 76643

  • 120 West Central Texas Expwy., Suite 104, Harker Heights, TX 76548

  • 1104 W. Veterans Memorial Blvd., Killeen, TX 76541-6829

  • 100 W. Central Texas Expressway, Suite 302, Harker Heights, TX 76548

  • 4400-2 E. Central Texas Expressway, Ste. C, Killeen, TX 76543

  • 501A East Main St., Gatesville, TX 76528

  • 202 W. Central Texas Expwy., Killeen, TX 76541

  • 106 W. Central Avenue, Suite 108, Belton, TX 76513

  • 1112 E. Main St., Gatesville, TX 76528

  • 202 E Beeline Ln., Ste. 403, Harker Heights, TX 78642

  • 1801 Trimmier Rd., Ste. A2, Killeen, TX 76541-8513

  • 1821 Everton Drive, Temple, TX 76504-7101

  • 2313 Bird Creek Terrace, Temple, TX 76502

  • 603 N. 8th St., Killeen, TX 76541

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About our Estate Planning Lawyers Ratings

The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

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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.

How can I go about making a free will?

Answered by attorney Christine James
Estate Planning lawyer at James Law Group
Do some research on the internet. If your estate is valued at $150,000 or more, you may want to consider a trust or have an attorney do it. At James Law Group we make every effort to respond to you quickly and efficiently. This means we may be responding to you from a mobile device. As you know, responding on these devices can result in typographical errors that my otherwise not occur. In order to provide this extra service, please be aware of this and excuse any errors that may be caused by responding in this forum.
Do some research on the internet. If your estate is valued at $150,000 or more, you may want to consider a trust or have an attorney do it. At James Law Group we make every effort to respond to you quickly and efficiently. This means we may be responding to you from a mobile device. As you know, responding on these devices can result in typographical errors that my otherwise not occur. In order to provide this extra service, please be aware of this and excuse any errors that may be caused by responding in this forum.
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What is the probate process after a parent's death?

Answered by attorney Bernard H. Greenberg
Estate Planning lawyer at Kokish & Goldmanis, P.C.
I am sorry for your loss. Whether his estate will be probated at all will depend on the following factors: 1. What was the nature and title of his property. 2. The terms of his Last Will. This is where he would have nominated an executor. 3. His home state of residence. For additional information, consult with an attorney specializing in estate administration.
I am sorry for your loss. Whether his estate will be probated at all will depend on the following factors: 1. What was the nature and title of his property. 2. The terms of his Last Will. This is where he would have nominated an executor. 3. His home state of residence. For additional information, consult with an attorney specializing in estate administration.
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Does the family inure the debt the father made without their knowledge once he dies?

Answered by attorney Mark L. Dodds
Estate Planning lawyer at Grant Morris Dodds
If your mother does not know about the debt, then she could not have consented to the debt; therefore, your mother has no personal obligation for the debt upon your father's death. However, upon your father's death, his estate, consisting of his separate property (and his community property, if he resides in a community proper state), is liable for any of your father's just debts. Therefore, upon your father's death, the creditor may sue his estate for payment of the debt. Thus, although your mother may anticipate inheriting all of your father's estate, that estate will be liable to pay the debt, and if the creditor is successful in making its claim against the estate, your mother will, in effect, pay for the debt due to inheriting your father's estate subject to this debt. With that said, if your mother is the direct beneficiary of the life insurance proceeds, the creditor may not reach the $18,000 death benefit from the insurance policy, as long as those proceeds are not payable to your father's estate. If your mother is deceased, then the same principles apply to the children as inheritors of the estate. In no event will your mother or the children be obligated for the debt in excess of the value of your father's estate, excluding the insurance proceeds. So, for example, let's say your father's debt is $50,000, and that he has separate property valued at $20,000 and there is $18,000 in death benefit payable to your mother under the insurance policy. The creditor may go after only the $20,000 of separate assets of your father, and if the creditor is successful in collecting the $20,000 in satisfaction of the debt, that is all the creditor will be able to receive. The creditor cannot sue your mother or the children for the $30,000 remaining on the debt, neither can the creditor touch the insurance proceeds.
If your mother does not know about the debt, then she could not have consented to the debt; therefore, your mother has no personal obligation for the debt upon your father's death. However, upon your father's death, his estate, consisting of his separate property (and his community property, if he resides in a community proper state), is liable for any of your father's just debts. Therefore, upon your father's death, the creditor may sue his estate for payment of the debt. Thus, although your mother may anticipate inheriting all of your father's estate, that estate will be liable to pay the debt, and if the creditor is successful in making its claim against the estate, your mother will, in effect, pay for the debt due to inheriting your father's estate subject to this debt. With that said, if your mother is the direct beneficiary of the life insurance proceeds, the creditor may not reach the $18,000 death benefit from the insurance policy, as long as those proceeds are not payable to your father's estate. If your mother is deceased, then the same principles apply to the children as inheritors of the estate. In no event will your mother or the children be obligated for the debt in excess of the value of your father's estate, excluding the insurance proceeds. So, for example, let's say your father's debt is $50,000, and that he has separate property valued at $20,000 and there is $18,000 in death benefit payable to your mother under the insurance policy. The creditor may go after only the $20,000 of separate assets of your father, and if the creditor is successful in collecting the $20,000 in satisfaction of the debt, that is all the creditor will be able to receive. The creditor cannot sue your mother or the children for the $30,000 remaining on the debt, neither can the creditor touch the insurance proceeds.
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