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Alpine 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).
AV Preeminent Peer Rated Attorneys
Alpine Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Alpine 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).
  • 300 East Harriet, Alpine, TX 79830

  • 121 N. 6th Street, Alpine, TX 79830

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  • 406 N. 5th St., Alpine, TX 79830-3614

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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.

What is the legal recourse after a parent has died and the children cannot agree on how things are to be divided?

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Answered by attorney Joan M. Durkin (Unclaimed Profile)
Estate Planning lawyer at Durkin & Graham, P.C.
I am assuming there is no will. Without a will and with no surviving spouse, the estate is divided equally among the kids. However, if the house was deeded lawfully before death then it is NOT part of the estate since it was not in the name of the deceased at death. To challenge the transfer that was made before death you will have to prove fraud or breach of fiduciary duty (if the person was guardian or attorney in fact). It will be an expensive undertaking (I would be surprised if it was less than $20,000) so the value of the estate will have to be big enough to cover the costs or you won't have much luck getting an attorney. I always tell folks to wait until they are through their grief before they make a decision on something like this.
I am assuming there is no will. Without a will and with no surviving spouse, the estate is divided equally among the kids. However, if the house was deeded lawfully before death then it is NOT part of the estate since it was not in the name of the deceased at death. To challenge the transfer that was made before death you will have to prove fraud or breach of fiduciary duty (if the person was guardian or attorney in fact). It will be an expensive undertaking (I would be surprised if it was less than $20,000) so the value of the estate will have to be big enough to cover the costs or you won't have much luck getting an attorney. I always tell folks to wait until they are through their grief before they make a decision on something like this.
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Which is better to do, a living trust or a last will?

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Answered by attorney John R Ceci (Unclaimed Profile)
Estate Planning lawyer at John Ceci PLLC
That question can only be answered by meeting with an attorney and discussing the specifics of your situation more in-depth. Some people's situations and desires are such that a Will is sufficient and a trust is unnecessary; with others a trust is a an option (but is still not necessary); for others a trust is a must in order to accomplish their objectives. If you live near my area feel free to contact me and set up an appointment to discuss this further. I do estate planning for fixed fees so you'll know what it will cost to accomplish your objectives.
That question can only be answered by meeting with an attorney and discussing the specifics of your situation more in-depth. Some people's situations and desires are such that a Will is sufficient and a trust is unnecessary; with others a trust is a an option (but is still not necessary); for others a trust is a must in order to accomplish their objectives. If you live near my area feel free to contact me and set up an appointment to discuss this further. I do estate planning for fixed fees so you'll know what it will cost to accomplish your objectives.
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Do I need to go to probate court if my parent passed away recently, left no will, there is no property and no assets?

Melissa Ann Botting
Answered by attorney Melissa Ann Botting (Unclaimed Profile)
Estate Planning lawyer at Law Office of Melissa A. Botting
As you describe the situation,the estate did have assets. It had the $5,000 you and your sibling are disputing. You are not entitled to the assets of the estate without some action, perhaps as little as filing a small estate affidavit. As much as you do not want to consider it, your sibling is in the right until you take action to give you a legal right to some portion of the $5,000.
As you describe the situation,the estate did have assets. It had the $5,000 you and your sibling are disputing. You are not entitled to the assets of the estate without some action, perhaps as little as filing a small estate affidavit. As much as you do not want to consider it, your sibling is in the right until you take action to give you a legal right to some portion of the $5,000.
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