David L. Leon
Texas Trial Lawyers Association
- Business Law
- Communications & Internet Law
- Estate Planning
- Real Estate Law
- Credit Cards Accepted
- American Express, Visa, MasterCard, Discover
- Contingent Fees
- Contingent fees available in certain personal injury and insurance matters.
- Free Consultation
- Free telephone consultation.
- Rates, Retainers and Additional Information
- Rates $275-325/hr. Retainers vary by matter.
Jurisdictions Admitted to Practice
|Member, Texas Trial Lawyers Association|
|Southern Methodist University||Doctor of Jurisprudence/Juris Doctor (J.D.)|
|Member, Texas State Bar|
- Overall: 5 Answers
Q. Does a will have to read to the beneficiaries before it is probated in Texas.
A: The will doesn't have to be read to the beneficiaries. However, the Probate code requires that all beneficiaries are to receive a copy of the will once it's filed for probate.
Q. Who do i file my parents last will?
A: If your parent is alive, then there's no need to "file" the will. Your parent has the option of placing it with the county clerk's office for safekeeping. Otherwise, your parent should just keep it in a safe place where the named executor can find it when the time arises. If your parent is deceased, then you can file the will for probate. The counties you can choose from: (1) the county where your parent lived, (2) the county where your parent died or (3) the county where you parent owned property.
Q. My sister and I bought a house together. She paid the down payment; I pay the mortgage. She died. Is the house mine now?
A: Not necessarily. If the house was TITLED as "joint tenancy with rights of survivorship" when you bought it then yes, the house is yours. If not, then the house is partly yours, and you share that with the heirs of your sister's estate. The heirs could be listed in a will (if she had one), or her heirs at law.
Q. Does the executor of a Will have absolute power on estate management even though my name is mentioned on Will too?
A: If the Will provides for an independent administration, then yes, he can manage the estate as he sees fit. However, he still owes a fiduciary duty to the heirs. This means that he can't steal estate assets, nor can he self deal.