Question 1

What is “probate”

Accepted Answer

The term probate refers to the Court proceedings an heir or beneficiary must go through to have someone appointed as the Executor or Administrator of an Estate, or to facilitate the transfer of assets from the deceased person to another.

Question 2

Do I need a revocable living trust?

Accepted Answer

It depends on your unique situation. A living trust can be useful in many cases, but not every case. The FAQs that follow address issues that frequently arise in my client counseling sessions and will help you answer this question. Please read on.

Question 3

Who is the Trustee of a living trust?

Accepted Answer

Usually, the person who creates the living trust is the Trustee, at least in the beginning. A married couple would be Co-Trustees. Upon the death or incapacity of the initial Trustee or CoTrustees, a Successor Trustee you designate assumes responsibility.

Question 4

Who are the beneficiaries of a living trust?

Accepted Answer

Usually, the person who creates the Trust is the beneficiary until he or she dies. A married couple would both be beneficiaries, as long as either is alive. Upon the death of both beneficiaries, the trust usually terminates and is distributed to the remainder beneficiaries, although other options do exist.

Question 5

What does a living trust accomplish?

Accepted Answer

The primary objective of a living trust is to avoid the probate process. Also, should you become incapacitated before your death, a living trust will enable your chosen Successor Trustee to manage your affairs while you are alive more easily.

Question 6

Are you married?

Accepted Answer

If you have a joint living trust that supports both spouses, probate may be avoided on the death of either the first or second spouse. This increases the likelihood that the up-front cost of creating a living trust will outweigh the future expense of probate.

Question 7

Do you have a blended family?

Accepted Answer

If you are married and have children from a prior marriage or relationship, your children will be your primary intestate heirs. To avoid this result, you must have either a Will or a Trust that states your intentions. If you have a Will, it will have to be submitted to probate, and your Estate will bear that expense. If you have a Trust, the Court proceedings will be avoided, assuming the Trust has been properly funded.

Question 8

Do you own real property outside the State of Texas?

Accepted Answer

If so, you may be forced to engage in probate proceedings in more than one jurisdiction. Owning property both inside and outside the State of Texas means that you will likely be required to engage in probate proceedings in both states. Also, be aware that mineral interests are considered real property. A trust should avoid probate in all jurisdictions.

Question 9

Is it likely that you will need someone to help you manage your affairs before you die?

Accepted Answer

Your spouse or child may find it much easier to manage your property and finances when those assets are held in a living trust. The alternative is to rely on a power of attorney, but oftentimes, the agent under a power of attorney will encounter difficulties using it. The living trust is more widely accepted.

Question 10

Who will be in charge of winding up your Estate, and where does he or she live and work?

Accepted Answer

To probate your Will, your Executor will likely be compelled to attend Court proceedings in Texas. Your Executor may find it inconvenient to take time away from his or her family, not to mention expensive, to travel to Texas and participate in Court proceedings. A properly funded trust will eliminate the need for these proceedings.

Question 11

What is probate and why is it important?

Accepted Answer

Probate is the court process to appoint an Executor or Administrator of an estate and to transfer assets from the deceased to heirs or beneficiaries.

Question 12

Do I need a revocable living trust?

Accepted Answer

Whether you need a living trust depends on your unique situation. It can help avoid probate and manage your affairs if incapacitated, but not everyone requires one.

Question 13

Who usually manages a living trust?

Accepted Answer

Typically, the person who creates the living trust serves as the Trustee initially; married couples often serve as Co-Trustees.

Question 14

What benefits does a living trust provide?

Accepted Answer

A living trust helps avoid probate and allows a Successor Trustee to manage your affairs if you become incapacitated before death.

Question 15

What services does Gary F. Westenhover Attorney At Law offer?

Accepted Answer

They provide services in decedent’s estates, guardianships, estate planning, and probate law around Weatherford, TX.

Question 16

Where is Gary F. Westenhover Attorney At Law located and what are their office hours?

Accepted Answer

Located at 101 S Main St, Weatherford, TX 76086, the office is open Monday to Thursday from 9 AM to 5 PM, and closed Friday through Sunday.

Question 17

Which payment options are accepted at Gary F. Westenhover Attorney At Law?

Accepted Answer

They accept American Express, Cash, Check, Discover, Mastercard, PayPal, and Visa for payments.

Question 18

Which nearby legal services can clients also find around Gary F. Westenhover Attorney At Law?

Accepted Answer

Nearby legal services include The Vida Law Firm, PLLC and The Law Offices of Kary L. Key, as well as The Law Office of Mark E Harden for wills, trusts, and probate needs.

Question 19

What are some nearby insurance agencies customers can visit after consulting Gary F. Westenhover Attorney At Law?

Accepted Answer

Nearby insurance agencies include Nationwide Mutual Insurance Company, United Services Insurance Agency, and The SIM Agency LLC Insurance and Financial Services.

Question 20

What local businesses are close by for clients to explore in downtown Weatherford?

Accepted Answer

Clients can visit Jamie Rose’s boutique, Hair On The Square salon, Peachy Pet Boutique, and enjoy dining options like Weatherford Downtown Cafe or Whistle Hill's Downtown Cafe nearby.

Gary F. Westenhover Attorney At Law

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