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

Rodriguez Law Firm

  • 5535 Fredericksburg Rd., Ste. 250, San Antonio, TX 78229

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Dennis R. Martin

  • 111 Soledad, Ste. 300, San Antonio, TX 78205

The Law Offices of Peter Y. Henry

  • 224 Casa Blanco, San Antonio, TX 78215-1234

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Jeffrey L. Sprink, P.C.

  • 1777 N.E. Loop 410, Ste. 600, San Antonio, TX 78217-5218

Taylor & Associates

  • 745 E. Mulberry Ave., Ste. 600, San Antonio, TX 78212

Law Offices of Carol Bertsch

  • 4950 San Pedro Ave., San Antonio, TX 78212-1442

Guerra Days Law Group

  • 2929 Mossrock, Suite 111, San Antonio, TX 78230

Lawyers At This Firm

Law Office of Enacio B. Barretto

  • San Antonio, TX 78265

Lane & Countryman

  • 1045 Cheever Suite 103, San Antonio, TX 78217

Campbell, Nelson and Associates

  • 118 Broadway, Ste. 617, San Antonio, TX 78240

Lawyers At This Firm

Putman Law Firm

  • 310 S. St. Mary's St., Ste. 2800, San Antonio, TX 78205-3172

Lawyers At This Firm

The Law Offices of Matthew L. Finch, P.C.

  • 123 S. Flores, San Antonio, TX 78204

Oscar E. Cisneros

  • 819 S. Gen. McMullen Dr., San Antonio, TX 78237

John L. Sanders Attorney at Law

  • 8026 Vantage Drive, Suite 100, San Antonio, TX 78230

Law Offices of Robert D. Behrens

  • 455 S. Main, San Antonio, TX 78204

The Coquat Law Firm, P.C.

  • 21970 Bulverde Road, Suite 103, San Antonio, TX 78259

Ronald Benton Cosgrove

  • 11319 Morino Park, San Antonio, TX 78249

J. Michael Wilkes, Attorney at Law

  • 14 Great Wood, San Antonio, TX 78232-1336

Thomas C. Leopold

  • San Antonio, TX 78217-0282

Law Office of Steven C. Benke

  • 4018 Vance Jackson Rd., San Antonio, TX 78213-2900

Lawyers At This Firm

Jesse S. White, Attorney at Law

  • 202 E. Locust Street, San Antonio, TX 78212

Law Office of Morris E. Muñoz

  • 12915 Jones Maltsberger, Suite 520, San Antonio, TX 78247

Wallace T. Jacobs

  • 14310 Northbrook Dr., Ste. 240, San Antonio, TX 78232

Law Offices of Steve Weakley, P.C.

  • 5150 Broadway No. 403, San Antonio, TX 78209-5710

Cheryl L. McMullan

  • 111 Soledad, Ste. 300, San Antonio, TX 78205-2229

Ray Harris Adams, P.C.

  • 14350 Northbrook, Suite 240, San Antonio, TX 78232

Hitchings, Pollock & Bernard

  • 645 S. Presa St., San Antonio, TX 78210-1053

Lawyers At This Firm

Law Office of Amy M. McLin, P.C.

  • 2810 Thousand Oaks, PMB # 136, San Antonio, TX 78232

George A. Kampmann, P.C.

  • 120 E. Basse Rd., Ste. 102, San Antonio, TX 78209-8328

Christiansen Law Firm

  • 84 NE Loop 410, Suite 130, San Antonio, TX 78216

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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.

Can I have financial claim on someone whom I took care and recently died?

Dara J. Goldsmith
Answered by attorney Dara J. Goldsmith
Estate Planning lawyer at Goldsmith & Guymon, P.C.
You may file a creditor's claim in his estate. The estate can then either accept or reject the claim. If rejected, you would need to initiate litigation to have your claim reviewed or file in the probate court for a determination if that is an available option.
You may file a creditor's claim in his estate. The estate can then either accept or reject the claim. If rejected, you would need to initiate litigation to have your claim reviewed or file in the probate court for a determination if that is an available option.
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Does the family inure the debt the father made without their knowledge once he dies?

Mark L. Dodds
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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If one heir out of 6 refuses to sign for a house to be sold, is there a way the others can sell it without that signature?

Bernard H. Greenberg
Answered by attorney Bernard H. Greenberg
Estate Planning lawyer at Kokish & Goldmanis, P.C.
The Personal Representative generally has power to sell property of the estate without the consent of the beneficiaries unless the Will provides otherwise or the Court has entered an Order to the contrary. The Personal Representative should consult with their attorney on this question and can seek instructions from the Court before proceeding.
The Personal Representative generally has power to sell property of the estate without the consent of the beneficiaries unless the Will provides otherwise or the Court has entered an Order to the contrary. The Personal Representative should consult with their attorney on this question and can seek instructions from the Court before proceeding.
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