Frequently Asked Questions

Do you have questions about estate planning or the probate process? Do you need to know more about family law in Dallas? Are you wondering if you have a personal injury case? Are unsure if you need a lawyer?

The Ashmore Law Firm, PC provides the answers to frequently asked questions (FAQs) about estate planning, probate law, family law and personal injury law. Please select a category from the box below to narrow your FAQ search.
 

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  • My sibling has my parent’s Power of Attorney, but is refusing to pay for living expenses. What can I do?

    There may be a few options. One would be to contact Adult Protective Service (APS), or the Elder Exploitation and Financial Service.  If not, it may be necessary to begin Guardianship proceedings.

    Learn more about Guardianship in our new book, Is Your Loved One in Need of a Guardian?

  • What is a No Contest Provision in a Will or Trust?

    How to prevent beneficiaries or heirs from contesting a Will or Trust.

    In order to address the possibility of any person – whether related to you or not – attempting to oppose the provisions or probate of your Will, we include a No Contest Provision. This means that if any of your beneficiaries or their heirs choose to contest your Will or Trust and lose, they are no longer entitled to any portion of your estate and will receive just $10.00.

    We consider this provision to be non-negotiable and we require it to be in every Last Will and Testament we prepare.

  • What is an Independent Executor?

    An executor is a person or institution appointed to carry out the terms of a Will.

    An executor is considered independent if the decedent (person who passed away) died without a Will OR if the decedent left a Will that specifically states that his executor should be independent.

    When the executor is independent, they are not dependent upon the Court for oversight and approval of all actions.

    Learn more about executors in our article, The 9 Most Common Mistakes Executors Make.

  • What assets are considered separate property?

    The following are examples of what is considered seperate property:
     
    ◦Property owned prior to the marriage.
    ◦Property acquired during the marriage by gift, devise or descent.
    ◦Property acquired during marriage which was traceable as a mutation of previously owned separate property.
    ◦Property, or income from such property, resulting from the partition of existing community property.  The partition should be in the form of a written agreement between the spouses.
    ◦Property transferred from one spouse to another in the form of a gift is separate property (note, the gift is presumed to include all income or property which may arise from that gift of property).
    ◦Personal injury recoveries (other than for loss of earnings).
     
    See what community property consists of.