Alamo, TX Estate Planning Law Firms & Lawyers

Good questions. I suggest asking the court directly, or checking the court's website for such information. The court clerks should be able to help you. They probably will forward some instructions to you, which may even include a booklet of duties and generally asked questions. As to the fee, that depends upon the state. Some have statutory limits, for others it is some "reasonable compensation" standard that the judge determines. I suggest asking the court clerks this questions too. In general it depends upon the work performed and the general costs to have such work done. For example, accounting or legal work would entail higher fees than merely administrative or secretarial work. Best course of action is to keep track of all your time, what you did, and all costs (with receipts) for reimbursement.

Her claim may in fact be for her one-half of the community property. In Louisiana, each spouse owns one-half of the property acquired during the marriage through the efforts of either spouse. (Gifts and property owned by the marriage are not included.) Since she would be the owner of that one-half, it is not considered part of your father's estate. As far as your father's property is concerned, the will would control, to the extent it is not in conflict with state law.

If you are listed as beneficiary on your spouse's life insurance and it is payable directly to you upon his death, it will not be included as part of his estate and creditors shouldn't be able to get to it.