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

Donna Thomas

  • 4618 Arbor Ln., Pasadena, TX 77505-4287

Presidio APC

  • 80 S. Lake Avenue, Street 830, Pasadena, TX 91101

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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.

What will happen if my brother and I are executors and beneficiaries to our mother's estate but step-father is still alive?

Kimberly Demetrice French
Answered by attorney Kimberly Demetrice French (Unclaimed Profile)
Estate Planning lawyer at Law Offices of Kimberly D. Moss, PLLC
The terms of your mother's will determine you and your brother's rights, obligations, and duties with regard to settling her estate and the division of her property. If your mother is still mentally capable of doing so, it is a good idea to talk to her about these issues now while she is still alive. The division of her personal property in the home is something that she could do while living, and it would be up to her to include or exclude her husband from the process. It sounds as though your mother is quite ill, so this may not be possible. If you have a copy of your mother's will, it may be a good idea to take it to a local attorney who is knowledgeable about probate law to discuss your concerns.
The terms of your mother's will determine you and your brother's rights, obligations, and duties with regard to settling her estate and the division of her property. If your mother is still mentally capable of doing so, it is a good idea to talk to her about these issues now while she is still alive. The division of her personal property in the home is something that she could do while living, and it would be up to her to include or exclude her husband from the process. It sounds as though your mother is quite ill, so this may not be possible. If you have a copy of your mother's will, it may be a good idea to take it to a local attorney who is knowledgeable about probate law to discuss your concerns.
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What does it mean to go through probate?

David L. Leon
Answered by attorney David L. Leon
Estate Planning lawyer at David L. Leon, P.C.
Probate is the process where you prove someone is dead and you administer their estate. You should get a lawyer to help you, as it can get tricky fast.
Probate is the process where you prove someone is dead and you administer their estate. You should get a lawyer to help you, as it can get tricky fast.
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We live in Houston, TX. If my husband or mother predeceases me, am I responsible for their debts - any individual credit or purchase accts they have?

Renea Overstreet
Answered by attorney Renea Overstreet
Estate Planning lawyer at The Overstreet Law Firm
Your power of attorney has nothing to do with your mother's debts. Debts are generally addressed by the estate of the person who passed away. You may become responsible for debt if you were a co-signer or otherwise responsible for the debt along with the person who dies.  As for credit cards with your husband, that may be considered community debt.  You may write your wishes down, but it would be better to have formal Wills drafted to decrease the problems that could arise with any other type of Will you may draft on your own.
Your power of attorney has nothing to do with your mother's debts. Debts are generally addressed by the estate of the person who passed away. You may become responsible for debt if you were a co-signer or otherwise responsible for the debt along with the person who dies.  As for credit cards with your husband, that may be considered community debt.  You may write your wishes down, but it would be better to have formal Wills drafted to decrease the problems that could arise with any other type of Will you may draft on your own.
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