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AV Preeminent Peer Rated Attorneys
Slidell Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Slidell 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).
  • 1332 Teasley Lane, Suite 275, Denton, TX 76205

  • 4251 FM 2181, Ste. 230/221, Corinth, TX 76210

  • 225 N. Locust St., Denton, TX 76201-4119

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  • 501 South Carroll Boulevard, Suite B, Denton, TX 76201-7423

  • 123 N. Elm, Denton, TX 76201

  • 319 W. Oak St., Denton, TX 76201

  • 620 W. Hickory St., Denton, TX 76201-3700

  • 501 S. Main Street, Rhome, TX 76078

  • 1101 Stevens Street, Bridgeport, TX 76426-1186

  • 304 W. Walnut St., Decatur, TX 76234-1370

  • 4251 FM 2181, Ste. 230-125, Corinth, TX 76210

  • 1200 W. University, Denton, TX 76201

  • Argyle, TX 76226

  • 4251 FM 2181, Ste. 230/525, Corinth, TX 76210

  • 1417 E. McKinney Street, Suite 220, Denton, TX 76209

  • 215 Bolivar St., Sanger, TX 76266

  • 121 N. Woodrow Ln., Ste. 207, Denton, TX 76205-6340

  • 303 N. Carroll Boulevard, Suite 100, Denton, TX 76201

  • 1100 Dallas Drive, Suite 100, Denton, TX 76205

  • 101 W 1st St, Rhome, TX 76078

  • 109 S. Woodrow Ln., Ste. 300, Denton, TX 76209

  • 120 North Austin St., Denton, TX 76201-4202

  • 401 S. Main Street, Aubrey, TX 76227

  • 519 South Carroll Boulevard, Suite 100, Denton, TX 76201

  • 512 West Hickory Street, Suite 112, Denton, TX 76201

  • 101 S. Woodrow Lane Suite 101, Denton, TX 76205

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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 is the difference between setting up a will using online vs an attorney?

Answered by attorney Terry Lynn Garrett
Estate Planning lawyer at The Garrett Law Firm, PLLC
First, your 401k passes to your spouse under federal law and then to any designated beneficiary on a form you complete and file with the plan administrator.  It should not pass under your Will, but will if you have no spouse and have not completed and filed a designated beneficiary form. Second, if your bank accounts are "joint with right of survivor" or "pay on death," they, too, pass outside your Will. Third, your house can pass outside your Will and free of Medicaid Estate Recovery using a Transfer on Death or a Lady Bird Deed. Fourth, if the royalties are mineral rights, this approach could also be used. But you do need a Will, if only as backup.  Some title companies are uncomfortable with Transfer on Death and, to a lesser extent, Lady Bird Deeds. If you get an online Will (and I have seen those prepared by several vendors), it is likely to be inadequate and you are very likely not to execute it with all the legal requirements, leading to an intestacy.  The Will will not be worth the paper it is written on.  Moreover, those vendors have no skin in the game.  An attorney not only risks a bad online review, a loss of reputation at the court and among colleagues, but a malpractice suit -- and you benefit from the required malpractice insurance.  Until the Texas Supreme Court creates a Will form (which it has been working on for years), you and whomever you want to leave things to, are much safer with a Will drafted by an attorney and addressing your particular circumstances.  You will also find that a good estate planning attorney will provide much more than a Will:  documents to help you stay in charge of your medical care and finances while you are alive, information sheets and guidance for your executor, and counseling building on the information above.  You can be penny wise and pound foolish, or pay extra to an online vendor for a few other documents and risk going without important legal, tax and financial counsel, but is that really what you want?  
First, your 401k passes to your spouse under federal law and then to any designated beneficiary on a form you complete and file with the plan administrator.  It should not pass under your Will, but will if you have no spouse and have not completed and filed a designated beneficiary form. Second, if your bank accounts are "joint with right of survivor" or "pay on death," they, too, pass outside your Will. Third, your house can pass outside your Will and free of Medicaid Estate Recovery using a Transfer on Death or a Lady Bird Deed. Fourth, if the royalties are mineral rights, this approach could also be used. But you do need a Will, if only as backup.  Some title companies are uncomfortable with Transfer on Death and, to a lesser extent, Lady Bird Deeds. If you get an online Will (and I have seen those prepared by several vendors), it is likely to be inadequate and you are very likely not to execute it with all the legal requirements, leading to an intestacy.  The Will will not be worth the paper it is written on.  Moreover, those vendors have no skin in the game.  An attorney not only risks a bad online review, a loss of reputation at the court and among colleagues, but a malpractice suit -- and you benefit from the required malpractice insurance.  Until the Texas Supreme Court creates a Will form (which it has been working on for years), you and whomever you want to leave things to, are much safer with a Will drafted by an attorney and addressing your particular circumstances.  You will also find that a good estate planning attorney will provide much more than a Will:  documents to help you stay in charge of your medical care and finances while you are alive, information sheets and guidance for your executor, and counseling building on the information above.  You can be penny wise and pound foolish, or pay extra to an online vendor for a few other documents and risk going without important legal, tax and financial counsel, but is that really what you want?  
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What do I do if my mother has passed without signing over a power of attorney?

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Answered by attorney Charles Richard Perry (Unclaimed Profile)
Estate Planning lawyer at Charles R. Perry
A power of attorney is no longer valid once the person who signed the power has died. Even if your mother had signed a power of attorney, then, it would not help you now. It's not possible to tell you what to do now, without receiving more information. You may have to probate your mother's estate, or there may be a way around probate. The question depends mostly on the size of your mother's estate. You can do some reading on the subject of probate, you can talk to a lawyer who handles probate matters, or both.
A power of attorney is no longer valid once the person who signed the power has died. Even if your mother had signed a power of attorney, then, it would not help you now. It's not possible to tell you what to do now, without receiving more information. You may have to probate your mother's estate, or there may be a way around probate. The question depends mostly on the size of your mother's estate. You can do some reading on the subject of probate, you can talk to a lawyer who handles probate matters, or both.
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Which home from the will should be sold first?

James Brian Thomas
Answered by attorney James Brian Thomas (Unclaimed Profile)
Estate Planning lawyer at Burdette & Rice, PLLC
It's completely up to your aunt at this point. The fact that an asset is identified in her Will today is entirely irrelevant. Your aunt's Will becomes effective when two things happen: (1) she dies, and (2) the document is admitted to probate. Before those two events occur, your aunt can do whatever she chooses to do with either piece of property.
It's completely up to your aunt at this point. The fact that an asset is identified in her Will today is entirely irrelevant. Your aunt's Will becomes effective when two things happen: (1) she dies, and (2) the document is admitted to probate. Before those two events occur, your aunt can do whatever she chooses to do with either piece of property.
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