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

Jackson Morgan, LLP

  • 110 S. Keechi Ste., Fairfield, TX 75840

Keith Meredith

  • 819 Robindale Ln., Fairfield, TX 75840-1957

James Val Fulcher

  • Teague, TX 75860-0600

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Michelle J. Latray, Attorney at Law

  • Marquez, TX 77865

Ann Gokey PC

  • 117 S. Mount, Fairfield, TX 75840-0013

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Looking for Estate Planning Lawyers in Buffalo?

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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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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PEER REVIEWS
4.2

1 Peer Review

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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.

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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Do I have to leave each child something when I do my estate planning?

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Answered by attorney Scott Pesetsky (Unclaimed Profile)
Estate Planning lawyer at Law Office of Scott Pesetsky
California law allows you to give your property to anyone you want, but has protections for forgotten spouses and children. See a qualified attorney for help, or your children may be able to use statutory protections to claim a share of your estate.
California law allows you to give your property to anyone you want, but has protections for forgotten spouses and children. See a qualified attorney for help, or your children may be able to use statutory protections to claim a share of your estate.
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Which is better to do, a living trust or a last will?

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Answered by attorney Christine Sabio Socrates (Unclaimed Profile)
Estate Planning lawyer at Christine Sabio Socrates Attorney at Law
A good estate plan would involve both a living trust and a will as well as possible other possibilities to make sure that your wishes for each other are fulfilled. A consultation with a competent estate planning attorney would be recommended. I would be happy to assist you if you would like. Good luck!
A good estate plan would involve both a living trust and a will as well as possible other possibilities to make sure that your wishes for each other are fulfilled. A consultation with a competent estate planning attorney would be recommended. I would be happy to assist you if you would like. Good luck!
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