| With a Will | Without a Will (Intestate) | |
| Who gets your property? | The people you name | The State names your Heirs |
| Who handles your Estate? | The person you name as Executor | The Court will appoint and Administrator |
| How will your Estate be handled? | Court supervision is not required. | The Court supervises and approves every aspect of Administration |
| Is a Bond required? | You can waive the posting of a bond | The Court requires the posting of a Bond |
| Who will be Guardian for your minor child? | The person you name as Guardian | The Court will appoint a Guardian |
| Who will be the Trustee for your minor child? | The person you name as Trustee | The Court will appoint a Trustee |
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Do You Have Will Power?2 comments to Do You Have Will Power? |
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Phone: (281) 440-6416 or (936) 321-2583
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I have a question. Thank you in advance.
My mother and my step-father were married for over thirty years, and have separate wills. My mother passed away December 2010. My stepdad didn’t produce her will, and told us it all passed to him. Now in 2017 he has met another woman and would like to get remarried. He called her children and wants them to now come to the lawyer office for the reading of the will. Her will says her portion goes to her children. First, can he get into trouble for holding the will for 6 1/2 years from her children. Second, they both had homes before marriage. Hers was sold and the proceeds from her house were used. Is his home that wasn’t paid for in full that they moved into and lived in only his property or is it community property.
Third, she has two children from a previous marriage, that she left her part of everything but they had a child together after the will was made. Does their child share in her half, or does the other parent take care of their child together when he dies in his will
Shelly, you should speak with your own attorney to answer your various questions. Your mother’s estate issues are a bit too complex to go into in this type of forum, and there are many unknown factors that could have an impact on responding to your questions. Due to the possible complexities, you should find an attorney that practices primary in the area of estate and probate law to assist you.