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Mound 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
Mound Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Mound 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).
  • 601 N. Main St., Temple, TX 76503

  • 1411 W. Avenue H, Temple, TX 76504-5351

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  • 1112 E. Main St., Gatesville, TX 76528

  • 1801 Trimmier Rd., Ste. A2, Killeen, TX 76541-8513

  • 18 South Main St., Ste. 602, Temple, TX 76501

  • 501A East Main St., Gatesville, TX 76528

  • 4400-2 E. Central Texas Expressway, Ste. C, Killeen, TX 76543

  • 100 W. Adams, Suite 301, Temple, TX 76501

  • 202 W. Central Texas Expwy., Killeen, TX 76541

  • 18 South Main Street, Temple, TX 76501

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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.

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200 Client Reviews

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196 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.

Can I get control over my father's estate if I live in a different estate than he does?

Answered by attorney Dara J. Goldsmith
Estate Planning lawyer at Goldsmith & Guymon, P.C.
It depends upon a number of factors, including but not limited to the following: Whether he left a Will naming you as his personal representative. If he left a Will naming you, the answer is probably yes, assuming you meet all state law requirement. If he names another person, then the answer is probably not. If he did not leave a Will, it again depends upon state law. In Nevada, a personal representative who is not named in a Will cannot serve without an in state co-personal representative. Some states do not have a residency requirement.
It depends upon a number of factors, including but not limited to the following: Whether he left a Will naming you as his personal representative. If he left a Will naming you, the answer is probably yes, assuming you meet all state law requirement. If he names another person, then the answer is probably not. If he did not leave a Will, it again depends upon state law. In Nevada, a personal representative who is not named in a Will cannot serve without an in state co-personal representative. Some states do not have a residency requirement.
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What are my rights as the heir to my grandfather's estate?

Eric James Smith
Answered by attorney Eric James Smith (Unclaimed Profile)
Estate Planning lawyer at Law Office of Eric J. Smith
Unless your grandfather had a will which had specific gifts to you, you are not entitled to anything of your grandfather's in your own right as he predeceased your father. However, you do have a right to probate your father's estate and possibly make a claim on your grandfather's estate in the administration of your father's estate. The real problem is the time that has elapsed. Applications for traditional probate must be made within 4 years of the death of the decedent - your choices in how to act on your father's estate are now limited.
Unless your grandfather had a will which had specific gifts to you, you are not entitled to anything of your grandfather's in your own right as he predeceased your father. However, you do have a right to probate your father's estate and possibly make a claim on your grandfather's estate in the administration of your father's estate. The real problem is the time that has elapsed. Applications for traditional probate must be made within 4 years of the death of the decedent - your choices in how to act on your father's estate are now limited.
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Do I have any right to stop my older brothers from depleting my fathers account money?

James Brian Thomas
Answered by attorney James Brian Thomas (Unclaimed Profile)
Estate Planning lawyer at Burdette & Rice, PLLC
Yes, you have standing to do several things. First, consider discussing your concerns with your parents, as they are generally presumed to be able to make their own decisions, including the decision to revoke any authority that they gave to each other, or to your siblings. Second, you might discuss these issues with an attorney that practices in guardianship and/or conservatorship, which could bring your concerns to the attention of a Court that is able to stem any wrongdoing and correct any past malfeasance. Third, you might consider contacting Adult Protective Services, or a similar local agency that encounters issues of elder abuse and financial exploitation on a daily basis.
Yes, you have standing to do several things. First, consider discussing your concerns with your parents, as they are generally presumed to be able to make their own decisions, including the decision to revoke any authority that they gave to each other, or to your siblings. Second, you might discuss these issues with an attorney that practices in guardianship and/or conservatorship, which could bring your concerns to the attention of a Court that is able to stem any wrongdoing and correct any past malfeasance. Third, you might consider contacting Adult Protective Services, or a similar local agency that encounters issues of elder abuse and financial exploitation on a daily basis.
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