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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).
  • 11902 Rustic Lane, San Antonio, TX 78230

  • 7373 Broadway, Ste. 300, San Antonio, TX 78209

  • 70 N.E. Loop 410, Ste. 810, San Antonio, TX 78216-5843

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  • 1153 E. Commerce, San Antonio, TX 78205

  • 40 Ne Loop 410 Ste 604, San Antonio, TX 78216

  • 14350 NorthBrook Dr., Ste. 250, San Antonio, TX 78232-5046

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

  • 2511 N. Loop 1604 W. Suite 301, San Antonio, TX 78258

  • 206 San Pedro Ave., Ste. 303, San Antonio, TX 78205

  • 3510 N. St. Mary's, Ste. 100, San Antonio, TX 78212

  • 227 N. Loop 1604 E., Ste. 150, San Antonio, TX 78232

  • 427 S. St. Mary's St., San Antonio, TX 78205-2721

  • 2818 Nacogdoches Rd., San Antonio, TX 78217

  • 1800 McCullough Ave., San Antonio, TX 78212

  • 17806 IH 10, Ste. 300, San Antonio, TX 78257-8222

  • 2818 Nacogdoches Rd., San Antonio, TX 78217-5827

  • 4849 Fredericksburg Road, San Antonio, TX 78229-3627

  • 700 N. Saint Mary's St., Suite 1400, San Antonio, TX 78205

  • 333 W. Olmos Dr., San Antonio, TX 78212-1959

  • 103 S. Winston Lane, San Antonio, TX 78213

  • 439 E. Olmos Dr., San Antonio, TX 78212-2041

  • 6800 Park Ten Blvd., Ste. 225-North Bldg., San Antonio, TX 78213

  • 6515 Broadway, San Antonio, TX 78209-4564

  • 1901 N.W. Military Hwy., Ste. 102, San Antonio, TX 78213

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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.

Which is better to do, a living trust or a last will?

Randall C. Romei
Answered by attorney Randall C. Romei (Unclaimed Profile)
Estate Planning lawyer at Ashcraft & Ashcraft, Ltd.
A will is only effective after the death of the creator (testator). A will requires opening a probate and appointing an executor to execute the terms of the will under the supervision of a court. There are extra expenses with a will resulting from opening a probate. An advantage of probate is that it cuts off claims against the estate at 6 months after opening the probate. A living (grantor) trust goes into effect while the creator (grantor) is alive. Assets are placed into the trust when created and can be dealt with by the grantor while alive. The living trust is fully amendable and revocable by the grantor. Successor trustees are named and thus upon the death or incapacity of the grantor the named successor trustee is able to act and deal with the trust estate without having to go to court. A successor trustee's ability to step in for the grantor could help avoid the necessity of a guardianship in the event of a loss of capacity. Creation and amendment of a living trust is not as formal as creation of or changing a will.
A will is only effective after the death of the creator (testator). A will requires opening a probate and appointing an executor to execute the terms of the will under the supervision of a court. There are extra expenses with a will resulting from opening a probate. An advantage of probate is that it cuts off claims against the estate at 6 months after opening the probate. A living (grantor) trust goes into effect while the creator (grantor) is alive. Assets are placed into the trust when created and can be dealt with by the grantor while alive. The living trust is fully amendable and revocable by the grantor. Successor trustees are named and thus upon the death or incapacity of the grantor the named successor trustee is able to act and deal with the trust estate without having to go to court. A successor trustee's ability to step in for the grantor could help avoid the necessity of a guardianship in the event of a loss of capacity. Creation and amendment of a living trust is not as formal as creation of or changing a will.
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Can an outside child have stake in my Dad's property?

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Answered by attorney James P Frederick (Unclaimed Profile)
Estate Planning lawyer at Frederick & Frederick Attorneys at Law
I am not exactly sure what you mean by an "outside child." If you simply mean someone who is disinherited by the Will, the answer is generally no. There is an exempt property allowance of $14k that can be claimed by any spouse or child, so there is a chance the child could elect that. Otherwise, unless the Will is contested, the child would not be entitled to anything. The family could decide to give him something anyway. But there would be no legal requirement to do so.
I am not exactly sure what you mean by an "outside child." If you simply mean someone who is disinherited by the Will, the answer is generally no. There is an exempt property allowance of $14k that can be claimed by any spouse or child, so there is a chance the child could elect that. Otherwise, unless the Will is contested, the child would not be entitled to anything. The family could decide to give him something anyway. But there would be no legal requirement to do so.
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Under the law, once a will has gone through probate and executor is appointed, should this be sufficient to access bank accounts?

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Answered by attorney Jayne L. Sebby (Unclaimed Profile)
Estate Planning lawyer at Jayne L. Sebby
As Executor of an estate, you will receive "Letters of Appointment" which is signed by the judge and which informs others, including banks, that you have the authority to collect the assets of the estate, pay all owing debts and taxes, and distribute the remains to the heirs. The bank should accept that document in place of the death certificate.
As Executor of an estate, you will receive "Letters of Appointment" which is signed by the judge and which informs others, including banks, that you have the authority to collect the assets of the estate, pay all owing debts and taxes, and distribute the remains to the heirs. The bank should accept that document in place of the death certificate.
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