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Kevin Spencer

If you are appointed as a personal representative of an estate, more specifically, if you are appointed as an Executor or an Administrator, your number one goal is to protect the assets of the estate and the inheritance of its beneficiaries. It is your duty to collect and take control of all the decedent’s assets, to notify the decedent’s creditors, to pay insure the property and to pay taxes and the proved and just debts of the decedent’s properly payable debts, to pursue claims and, after the administration is completed, to distribute the remaining assets to the decedent’s beneficiar... Read entire entry »


Kevin Spencer
Heirship Dispute in Texas

Affidavits of Heirship can be a difficult area of law to understand. At the Spencer Law Firm, we're here to walk you through it. The Texas Estates Code allows for the use of Affidavits of Heirship, meaning, a court shall receive Affidavits of Heirship in (a) a proceeding to declare heirship or (b) a suit involving title to property to establish prima facie evidence of the statement of "family history, genealogy, marital status or the identity of heirs" if the statement is signed and legally acknowledged or sworn to or the statement is contained in a court judgment AND the statement has been on... Read entire entry »


Kevin Spencer

In Texas, there is an inheritance theory known as adoption by estoppel; some call it a common-law adoption, which is not correct. Our inheritance lawyers are going to walk you through what estoppel is and how it works in the eyes of the law. Defining Adoption by Estoppel Adoption by estoppel is solely and strictly an inheritance theory, it is not a legal adoption. Adoption by estoppel occurs when a minor child is "raised" by an adult, not his or her parent, usually it is a male (but not required), but that acts in all ways as if the child was the decedent's own. In other words, there is a pa... Read entire entry »


Kevin Spencer
Estate Planning

The unexpected death of the influential, iconic and wealthy British singer George Michael (real name Georgios Kyriacos Panayiotou) at the age of 53 demonstrates the undeniable need to have an estate plan in place when you die to protect your assets and ensure that your testamentary wishes are followed. George Michael’s rise to fame started in the 1980s with his involvement in the musical duo “Wham!” before transitioning into a successful solo career. George Michael continued to record up until shortly before his death. He sold more than 100 million records worldwide and had numerous song... Read entire entry »


Kevin Spencer
Estate Attorney and Heirship

It is true you do not have to open an Estate to pursue a wrongful death claim; mainly, because the wrongful death claim does not belong to the Estate, only the survivorship claim does. If there is a survivorship claim and there is no representative of the Estate, then either you must obtain a representative of the Estate – needing to pursue a claim is sufficient support for opening an Estate – or you must have the heirs declared, so the Estate’s interest may be properly represented. At Spencer Law, our experienced estate attorneys can walk you through the complicated process of pursuing ... Read entire entry »


Kevin Spencer
Will Contest Attorney Dallas

Does the attorney client privilege disappear when the client does? (I seem to recall it remains). Does the executor of the deceased’s estate “inherit” the privilege. Generally, the Executor succeeds to and receives A/C privilege of the deceased person; in other words, it is the Executor’s privilege to assert: T.R.C.E., Rule 503(c)(3): The privilege may be claimed by a deceased client’s personal representative (“PR”). For your reference, T.R.C.E. stands for the Texas Rules of Civil Evidence. 2. (Cont’d) In other words, may the deceased’s former lawyer revea... Read entire entry »


Kevin Spencer
Dallas Inheritance Lawyer

What Do I Do With a Will After Someone Dies? What Happens to the Will? Following the death of a loved-one, after the funeral and once the initial grieving has begun to subside, the next thing you should do is search for all Wills of the deceased person referred to as the "decedent". Upon finding a Will or multiple Wills, the next thing you should do is contact a Wills attorney because the LAST Will and Testament must be admitted to probate in order to make it binding. If you cannot find a Will or the person dies without a Will, then you will need to file to have the decedent’s heirs determi... Read entire entry »


Kevin Spencer
Estate Planning

Since the tragic passing of beloved “Purple Rain” singer Prince, there has been a legal battle between family members to determine his heirs. Prince’s estate is estimated to be worth over $300 million, with expected future income of $200 million raising the total to $500 million. Because the Estate is so large, disputes regarding ownership of it are to be expected. But, how long should it take? We at Spencer Law P.C. offer the following possible reasons an estate administration might be delayed or take some time. No Estate Plan In Place Because, apparently, Prince did not believe he wa... Read entire entry »


Kevin Spencer
End Of Life Care

Even the thought of becoming incapacitated can be chilling. Making decisions regarding what happens if incapacity does occur and making end-of-life care decisions can be difficult. But, it is very important to sign the appropriate legal documents to ensure your rights and wishes are respected when you are no longer be able to communicate your desires. Sometimes a medical provider or hospital will accept the decision of the "next-of-kin", but it is much better to be prepared and have the peace of mind that accompanies signing these documents. You should hire an estate planner to prepare thes... Read entire entry »


Kevin Spencer
Estate Lawyers in Dallas

Most states around the nation have a "Slayer Statute," a/k/a a "Killer Statute" a/k/a "Killer Laws", including Texas, which ensures an individual who is found guilty of or is suspected of causing the death of another person cannot benefit from the intentional murder of the decedent, particularly, their life insurance policies and estates. Equity does not allow a "bad actor" - in this case a murderer - to benefit from their bad act. The Texas Slayer Statute: If a person is named as a beneficiary of another persons estate or life insurance policy, conceptually, that person may have some incent... Read entire entry »

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