AV Preeminent Peer Rated Attorneys
Harris County 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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AV Preeminent Peer Rated Attorneys
Harris County Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Harris County 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).

Zo Legal Group, PLLC

  • 1923 Washington Ave., Ste. 2299, Houston, TX 77007

Cheng Copeland, PLLC

  • 5444 Westheimer Road, Suite 1000, Houston, TX 77056

Lawyers At This Firm

Isenberg & Riskind

  • 12 Greenway Plaza, Houston, TX 77046

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Vernell Elaine Randle

  • 5909 W. Loop S., Ste. 400 C, Bellaire, TX 77401-2495

James E. Brill, PC

  • 3355 West Alabama St., Ste. 1200, Houston, TX 77098

Law Office of Phil Styles

  • 1001 Texas Avenue, Suite 1400, Houston, TX 77002

Philip A. Sellers, Attorney at Law

  • 6525 Washington Ave., Houston, TX 77007

Nichamoff Law, P.C.

  • 2444 Times Blvd., Ste. 270, Houston, TX 77005

Lawyers At This Firm

Mitha Law Firm, P.C.

  • 9494 Southwest Fwy., Ste. 550, Houston, TX 77074

The Law Offices of Michael W. Gonzalez, PLLC

  • 11014 Southwold Ln., Houston, TX 77096

Gallagher & Stull

  • 312 High St., Tomball, TX 77375

Law Office of Jay D. Villarreal

  • 8787 Woodway, Suite 2303, Houston, TX 77063

The Law Offices of John R. Bartos & J. Bernard Schultz

  • 1235 N. Loop W., Ste. 208, Houston, TX 77008

Lawyers At This Firm

Law Office of W. Stephen Scott

  • 12727 Featherwood Dr., Houston, TX 77034-4907

Law Office of Robert B. Goss, P.C.

  • 5100 Westheimer Rd., Ste. 115, Houston, TX 77056-5507

RJ Alexander Law, PLLC

  • 7676 Hillmont St., Ste. 240Q, Houston, TX 77040

The Sekharan Law Firm, P.C.

  • 15330 Misty Dawn Trail., Cypress, TX 77433

Leeds Law Firm

  • 700 Milam Street, Suite 1300, Houston, TX 77002

Louis McWherter, Attorney

  • 723 Main St., Ste. 310, Houston, TX 77002-3300

Law Office of Laird & Associates, PLLC

  • 1120 Nasa Pkwy., Ste. 107, Houston, TX 77058-3361

Fizer Beck Webster Bentley & Scroggins

  • 1330 Post Oak Blvd., Ste. 2900, Houston, TX 77056

Lawyers At This Firm

Dinah J. Mueller

  • 1350 NASA Pkwy., Ste. 200, Houston, TX 77058

William L. H. Morgan, Jr.

  • 12815 Gulf Fwy., Houston, TX 77034-4807

The Law Office of Joshua Booker, PLLC

  • 3050 Post Oak Bouleavrd, Suite 510, Houston, TX 77056

Joseph R. Valentino Attorney At Law

  • 7011 Sandy Knolls Dr., Spring, TX 77379

Lawyers At This Firm

Clayton Wrzesinski, P.C.

  • 10101 Southwest Freeway, Suite 400, Houston, TX 77074

The Law Offices of Trey Duhon

  • 31315 F.M. 2920, Ste. 14A, Waller, TX 77484

W. Timothy Weaver, Attorney at Law

  • 1300 Post Oak Blvd., Ste. 777, Houston, TX 77056

Shanna M. Hennigan & Associates, PLLC

  • P.O. Box 301254, Houston, TX 77230-1254

Law Offices of Nancy G. Pofahl

  • Houston, TX 77254-0126

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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.

Do I need to be executor or do I qualify to be that since it’s all being left to me?

Kimberly Demetrice French
Answered by attorney Kimberly Demetrice French (Unclaimed Profile)
Estate Planning lawyer at Law Offices of Kimberly D. Moss, PLLC
Because your uncle has a daughter, she is legally entitled to take his property when he passes away under Texas law (assuming he is unmarried with no other children). Your uncle will need to execute a simple will that states you are to inherit from him rather than his daughter. This can be done for a small fee with a reputable estate planning attorney.
Because your uncle has a daughter, she is legally entitled to take his property when he passes away under Texas law (assuming he is unmarried with no other children). Your uncle will need to execute a simple will that states you are to inherit from him rather than his daughter. This can be done for a small fee with a reputable estate planning attorney.
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What is the probate process after a parent's death?

default-avatar
Answered by attorney Jeffrey R. Gottlieb (Unclaimed Profile)
Estate Planning lawyer at Law Offices of Robert H. Glorch
It's not automatic. To set the probate process in motion, someone (e.g. the executor in the will or another family member) has to petition the court to be appointed. Normally the person who wants to file the petition will hire a probate attorney to represent them. The question of where the probate estate should be opened is an issue of fact. You mentioned that he was temporarily living in another state. Probate should be opened in the state where the decedent last had his permanent residence. So for example, if I live in Illinois, but happen to die while on vacation on Florida, my estate should be in Illinois even though I died in Florida. It's a little trickier if you're father was actually stayed in another state for a period of months, or years. It's really a question of fact and should come back to where he intended to live on a permanent basis. But this issue can be the subject of dispute at times, in part because state inheritances laws can differ.
It's not automatic. To set the probate process in motion, someone (e.g. the executor in the will or another family member) has to petition the court to be appointed. Normally the person who wants to file the petition will hire a probate attorney to represent them. The question of where the probate estate should be opened is an issue of fact. You mentioned that he was temporarily living in another state. Probate should be opened in the state where the decedent last had his permanent residence. So for example, if I live in Illinois, but happen to die while on vacation on Florida, my estate should be in Illinois even though I died in Florida. It's a little trickier if you're father was actually stayed in another state for a period of months, or years. It's really a question of fact and should come back to where he intended to live on a permanent basis. But this issue can be the subject of dispute at times, in part because state inheritances laws can differ.
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How do you contest and recover money taken from an estate?

Melissa Ann Botting
Answered by attorney Melissa Ann Botting (Unclaimed Profile)
Estate Planning lawyer at Law Office of Melissa A. Botting
It depends on what the "taking" was and who did the "taking". An estate is a person like any other. The representative of the estate can take any action that would appropriate in a circumstance that did not involve an estate. Do criminal charges need to be filed? Does a demand letter preparing for a lawsuit need to be sent? How would you handle it if your money had been taken? If the "taking" was performed by the representative, action in the court appointing the representative should handle it.
It depends on what the "taking" was and who did the "taking". An estate is a person like any other. The representative of the estate can take any action that would appropriate in a circumstance that did not involve an estate. Do criminal charges need to be filed? Does a demand letter preparing for a lawsuit need to be sent? How would you handle it if your money had been taken? If the "taking" was performed by the representative, action in the court appointing the representative should handle it.
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