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

Daic Law

5.0
20 Reviews
  • Serving Goldsmith, TX and Ector County, Texas

  • Law Firm with 3 lawyers1 award

  • Difficult Name. Simple Solutions.

  • Estate Planning LawyersDebt Collection Lawsuits, Debt Defense, and 3 more

  • Free Consultation

Christopher Boyd
Estate Planning Lawyer
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  • Serving Goldsmith, TX and Ector County, Texas

  • Law Firm with 6 lawyers2 awards

  • Professional, Ethical, Experienced

  • Estate Planning LawyersCommercial Litigation Law Firm, Commercial Litigation Attorney, and 345 more

Deirdre Kelly Trotter
Estate Planning Lawyer
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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.

About our Estate Planning Lawyers Ratings

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.

CLIENT RECOMMENDED
79 %

14 Client Reviews

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4.1

24 Peer Reviews

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 probate process after a parent's death?

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Answered by attorney Jeffrey R. Gottlieb (Unclaimed Profile)
Estate Planning lawyer at Law Offices of Robert H. Glorch
It's not automatic. To set the probate process in motion, someone (e.g. the executor in the will or another family member) has to petition the court to be appointed. Normally the person who wants to file the petition will hire a probate attorney to represent them. The question of where the probate estate should be opened is an issue of fact. You mentioned that he was temporarily living in another state. Probate should be opened in the state where the decedent last had his permanent residence. So for example, if I live in Illinois, but happen to die while on vacation on Florida, my estate should be in Illinois even though I died in Florida. It's a little trickier if you're father was actually stayed in another state for a period of months, or years. It's really a question of fact and should come back to where he intended to live on a permanent basis. But this issue can be the subject of dispute at times, in part because state inheritances laws can differ.
It's not automatic. To set the probate process in motion, someone (e.g. the executor in the will or another family member) has to petition the court to be appointed. Normally the person who wants to file the petition will hire a probate attorney to represent them. The question of where the probate estate should be opened is an issue of fact. You mentioned that he was temporarily living in another state. Probate should be opened in the state where the decedent last had his permanent residence. So for example, if I live in Illinois, but happen to die while on vacation on Florida, my estate should be in Illinois even though I died in Florida. It's a little trickier if you're father was actually stayed in another state for a period of months, or years. It's really a question of fact and should come back to where he intended to live on a permanent basis. But this issue can be the subject of dispute at times, in part because state inheritances laws can differ.
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Is there a statute of limitations for an executor who is not fulfilling his duties?

Melissa Ann Botting
Answered by attorney Melissa Ann Botting (Unclaimed Profile)
Estate Planning lawyer at Law Office of Melissa A. Botting
This question is a bit confusing. An executor who is not fulfilling his duties can be removed by filing a motion in the probate court handling the case detailing the reasons for the executor?s removal. The motion can be brought as long as the case has not been closed. If you are asking is there a statute that requires an executor to be removed for failure to perform his duties for some period, it works a little differently. The executor can not be removed for two years in order to give the executor time to get the estate together and figure out what to do. After that it is up to the beneficiaries to ask for removal if the executor is not working. If the question is whether a statute of limitations has passed to complain about the behavior, it depends on the specific behavior and the action you wish to take. For example, fraud actions can only be brought 2 years after the person becomes aware that they have been defrauded.
This question is a bit confusing. An executor who is not fulfilling his duties can be removed by filing a motion in the probate court handling the case detailing the reasons for the executor?s removal. The motion can be brought as long as the case has not been closed. If you are asking is there a statute that requires an executor to be removed for failure to perform his duties for some period, it works a little differently. The executor can not be removed for two years in order to give the executor time to get the estate together and figure out what to do. After that it is up to the beneficiaries to ask for removal if the executor is not working. If the question is whether a statute of limitations has passed to complain about the behavior, it depends on the specific behavior and the action you wish to take. For example, fraud actions can only be brought 2 years after the person becomes aware that they have been defrauded.
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When you become an administrator of an estate, how do you know your duties?

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Answered by attorney Geoffrey N Germane (Unclaimed Profile)
Estate Planning lawyer at Kirton & McConkie A Professional Corporation
No they will not. You should hire a lawyer to advise you, as there are serious consequences to not complying with your duties, and "ignorance of the law" is not a defense. Which puts people in a very difficult spot, because how to administer an estate is not taught in schools or always subject to common sense. The Utah Probate Code sets forth your duties, and is available online. You should hire an attorney to advise you to at least a limited degree.
No they will not. You should hire a lawyer to advise you, as there are serious consequences to not complying with your duties, and "ignorance of the law" is not a defense. Which puts people in a very difficult spot, because how to administer an estate is not taught in schools or always subject to common sense. The Utah Probate Code sets forth your duties, and is available online. You should hire an attorney to advise you to at least a limited degree.
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