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Old 10-27-2014, 03:44 PM
 
Location: San Antonio, TX
432 posts, read 366,812 times
Reputation: 223

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This is for my elderly neighbor lady.

My favorite Texas lawyer has done fine and complex work for me three times in the past but last month he charged me $500 for a simple will that leaves everything to one person.

I'd like to point her to someone not as pricey.

Not interested in legal zoom or nolo press or reworking my will for her as probate judges have a bit of a problem if the will was not originated by one in their same labor union.
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Old 11-03-2014, 01:32 PM
 
548 posts, read 1,050,044 times
Reputation: 159
Quote:
Originally Posted by steve807 View Post
This is for my elderly neighbor lady.

My favorite Texas lawyer has done fine and complex work for me three times in the past but last month he charged me $500 for a simple will that leaves everything to one person.

I'd like to point her to someone not as pricey.

Not interested in legal zoom or nolo press or reworking my will for her as probate judges have a bit of a problem if the will was not originated by one in their same labor union.
Yes, I was quoted that same fee ($500) for a Simple Will and I thought it was a bit pricey too. That is why I posted my question here on CD




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Old 11-04-2014, 09:41 AM
 
125 posts, read 220,541 times
Reputation: 139
John Rightmeyer.

Rothrock & Rightmyer, PC
23705 W. Interstate 10, Ste. 209
San Antonio, TX 78257-1158

PHONE: 210-824-3229
john.rightmyer@rlawpc.com
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Old 11-05-2014, 10:23 AM
 
Location: Dallas/Ft. Worth, TX
1,994 posts, read 6,063,692 times
Reputation: 3330
Quote:
Originally Posted by steve807 View Post
This is for my elderly neighbor lady.

My favorite Texas lawyer has done fine and complex work for me three times in the past but last month he charged me $500 for a simple will that leaves everything to one person.

I'd like to point her to someone not as pricey.

Not interested in legal zoom or nolo press or reworking my will for her as probate judges have a bit of a problem if the will was not originated by one in their same labor union.
If it is a simple will then Texas will recognize it (validate it) if it is written in the persons own handwriting, entirely written in their handwriting, signed and dated in their handwriting. In Texas they call it a holographic will if you want to look up the procedures. Your neighbor can write their own if it is very simple and save the legal fees. No offense to Attorneys but having an Attorney perform this carries no more weight than a holographic will. Also unfortunately when Attorneys write wills they tend to be full of legaleze and can easily be misinterpreted. If it makes your neighbor more comfortable they can have it notarized.
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Old 11-05-2014, 11:29 AM
 
Location: San Antonio, TX
432 posts, read 366,812 times
Reputation: 223
Every time the state legislature meets it passes new tweaks often requiring new explicit language in wills, trusts, etc. Court rulings also change the interpretation of the law as time marches on.
Keeps the lawyers in business as rich folks with complex estates need to get their paperwork 'tuned up' every so often.

I've learned first hand just how much probate and court-at-law judges depend on their lawyer buddies to keep them in office. That drives me to have and recommend a lawyer written will.
A holographic will can be challenged in a dozen ways if it is probated. Sound mind ? Format ? Coercion ?

The good news is that 'probating' a will in TX is optional and it often makes sense to avoid publishing and probating the will. It's legal to bury it but won't work if all the beneficiaries are not in agreement.

Burying it works well if the deceased's banks are willing to take affidavits rather that a court order to transfer funds (those not already in revocable trust accounts like p.o.d.'s) and beneficiaries are not in conflict with each other. Even real estate can be transferred with a little black magic. Current TX lawyer hourly rates to probate a simple TX will is now over $2,000 and takes several months.

Anyway, been there done that personally as a beneficiary last year.
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Old 11-07-2014, 11:22 AM
 
Location: Austin, TX
16,721 posts, read 41,041,805 times
Reputation: 9207
Quote:
Originally Posted by steve807 View Post
Not interested in legal zoom or nolo press or reworking my will for her as probate judges have a bit of a problem if the will was not originated by one in their same labor union.
That was not my experience recently. I'm probating a will prepared via LegalZoom and had absolutely no problems or even questions about it from the attorney or judge. You are required under Texas law to have an attorney represent the executor when requesting Letters Testamentary from the court.
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Old 11-07-2014, 12:28 PM
 
Location: San Antonio, TX
432 posts, read 366,812 times
Reputation: 223
To be fair, my view of the legal world was shaped by a small East TX town (a county seat) pop. 20,000 which has a half dozen judges and two dozen lawyers. It is a very closed club and run for the benefit of the members of the bar. No doubt I incurred an extra bad experience by using a lawyer from an adjacent county hoping to avoid getting skinned.
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Old 11-07-2014, 06:34 PM
 
548 posts, read 1,050,044 times
Reputation: 159
Actually,..... with Texas being a "community property" State, why is a Will necessary?
When a spouse passes away doesn't everything go to the surviving spouse anyway and when both pass then it goes to the childeren (heirs)?


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Old 11-08-2014, 08:17 AM
 
Location: San Antonio, TX
432 posts, read 366,812 times
Reputation: 223
Property does not just "go" anywhere. A lawyer and a judge has to push it.
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Old 11-08-2014, 09:14 AM
 
548 posts, read 1,050,044 times
Reputation: 159
Quote:
Originally Posted by steve807 View Post
Property does not just "go" anywhere. A lawyer and a judge has to push it.
Not just anywhere. To the surviving spouse. If not, then the what does "community property" mean?





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