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Pruitt, Friberg & Heatly

  • 1528 Fannin, Vernon, TX 76384, U.S.A.

Douglas C. Jeffrey, III

  • Vernon, TX

Law Office of Trish Coleman Byars

  • 1900 Pease St., Ste. 300, Vernon, TX 76384, U.S.A.

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Estate planning attorneys help individuals prepare for the management and distribution of their assets after death or incapacitation. They create legal documents such as wills, trusts, powers of attorney, and healthcare directives. Their work ensures a client’s wishes are honored, minimizes potential taxes, and simplifies the process for their loved ones.

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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.

Should I get an atty as 1 of 2 executors of trust, when other executor has atty?

Terry Lynn Garrett
Answered by attorney Terry Lynn Garrett
Estate Planning lawyer at The Garrett Law Firm, PLLC
That seems odd if you plan to act jointly.  However, if the trust agreement does not state that you must act jointly, your sister could act without you.  If she made a mistake, you could be financially liable as well.  Perhaps you should have it reviewed by an attorney and take steps, if needed, to limit your liability.
That seems odd if you plan to act jointly.  However, if the trust agreement does not state that you must act jointly, your sister could act without you.  If she made a mistake, you could be financially liable as well.  Perhaps you should have it reviewed by an attorney and take steps, if needed, to limit your liability.
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How can we see the will?

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Answered by attorney Paul Arnold Nidich (Unclaimed Profile)
Estate Planning lawyer at Paul A. Nidich Attorney at Law
It is a crime to fail to file a will for probate. I couldn't guess what any particular attorney would charge. You should hire an attorney in the county where the mother resided at the time of her death.
It is a crime to fail to file a will for probate. I couldn't guess what any particular attorney would charge. You should hire an attorney in the county where the mother resided at the time of her death.
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Does the family inure the debt the father made without their knowledge once he dies?

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Answered by attorney Charles Richard Perry (Unclaimed Profile)
Estate Planning lawyer at Charles R. Perry
The community property of your mother and father can be reached for the debt that your father incurred. When someone passes away, moreover, their estate is liable for their debts, and any property transferred without those debts being paid can still be reached by creditors to pay the debt, unless those debts are extinguished in a probate proceeding. It seems clear that any creditor of your father will be able to make a claim against the death benefits once they are received, and will be able to "follow" those benefits to whomever receives them. In any event, a person's estate does not pass automatically free and clear of any debts that person may have incurred.
The community property of your mother and father can be reached for the debt that your father incurred. When someone passes away, moreover, their estate is liable for their debts, and any property transferred without those debts being paid can still be reached by creditors to pay the debt, unless those debts are extinguished in a probate proceeding. It seems clear that any creditor of your father will be able to make a claim against the death benefits once they are received, and will be able to "follow" those benefits to whomever receives them. In any event, a person's estate does not pass automatically free and clear of any debts that person may have incurred.
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