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AV Preeminent Peer Rated Attorneys
Oakhurst Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Oakhurst 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).
  • 501 W. Church Street, Livingston, TX 77351+2 locations

  • Law Firm with 12 lawyers2 awards

  • Experienced Attorneys. Innovative Solutions. Personal Service. We tailor our strategies based on the specific issues surrounding your legal problem.

  • Estate Planning LawyersGeneral Civil Practice, Federal Litigation, and 17 more

Joshua McMahon IV
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  • 242 Interstate 45 S., Huntsville, TX 77340

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  • 507 N. Washington Ave., Livingston, TX 77351

  • 1315 11th St., Huntsville, TX 77340

  • 415 N. Washington, Ste. B, Livingston, TX 77351

  • 109 W. Abbey St., Ste. 100, Livingston, TX 77351

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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
72 %

20 Client Reviews

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19 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.

Is there a form that allows one child to make decisions or a letter and does it need to be notarized?

Kimberly Demetrice French
Answered by attorney Kimberly Demetrice French (Unclaimed Profile)
Estate Planning lawyer at Law Offices of Kimberly D. Moss, PLLC
If your father died without a will, it is possible you can wrap up his affairs with what is known as a small estate affidavit. If his assets were worth $50,000.00 or less (not including his homestead), this simple procedure will allow you to transfer title of his assets to his heirs. I recommend consulting a local attorney for more information about this option.
If your father died without a will, it is possible you can wrap up his affairs with what is known as a small estate affidavit. If his assets were worth $50,000.00 or less (not including his homestead), this simple procedure will allow you to transfer title of his assets to his heirs. I recommend consulting a local attorney for more information about this option.
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What is the probate process after a parent's death?

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Answered by attorney Mark T. Peters (Unclaimed Profile)
Estate Planning lawyer at Peters Law, PLLC
Somebody needs to apply for probate. In this case, it would probably be his wife and it would be started where he died. However, you say temporarily. Was he on vacation or was it an extended stay? Did he tell you it was temporary so you wouldn't get mad? Regardless, if he really live in your state, I suppose you could open up a probate there, but eventually someone will win the battle of the probate forums. If the wife opens in the other state, she can then use that to open a probate in your state to handle his property there. You need to talk with an attorney and his wife and figure out the best way to proceed.
Somebody needs to apply for probate. In this case, it would probably be his wife and it would be started where he died. However, you say temporarily. Was he on vacation or was it an extended stay? Did he tell you it was temporary so you wouldn't get mad? Regardless, if he really live in your state, I suppose you could open up a probate there, but eventually someone will win the battle of the probate forums. If the wife opens in the other state, she can then use that to open a probate in your state to handle his property there. You need to talk with an attorney and his wife and figure out the best way to proceed.
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What is the probate process after a parent's death?

Answered by attorney Christine James
Estate Planning lawyer at James Law Group
You need to call a probate lawyer to discuss the situation. Nothing is automatic, someone has to take steps to probate a deceased person's estate. If he had a surviving spouse, she would have priority and likely be his heir unless their is a will or the marriage was not long term. The state and county where your father owned property is where the probate would be initiated. If he owned no real property, the state where he died would be the proper place.
You need to call a probate lawyer to discuss the situation. Nothing is automatic, someone has to take steps to probate a deceased person's estate. If he had a surviving spouse, she would have priority and likely be his heir unless their is a will or the marriage was not long term. The state and county where your father owned property is where the probate would be initiated. If he owned no real property, the state where he died would be the proper place.
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