Claimed Lawyer ProfileQ&A
- Probate Administration, Probate Litigation, Will Contests
- Estate Planning
- Guardianship & Conservatorship, Health Care Directives, Trusts, Wills
- Personal Injury
- Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
Additional Practice Areas
One free initial office consultation.
- Credit Cards Accepted
- Contingent Fees
Rates, Retainers and Additional Information
Hourly rate and flat fees for probate, estate, wills, guardianship, trusts, and elder law matters.
Jurisdictions Admitted to Practice
- State Bar of Texas
- U.S. District Courts for the Southern Districts of Texas
- ID Number: 1374147
- Founding Attorney
- Urquhart Law Firm
- University of Texas - Austin
- South Texas College of Law
- J.D. | Law
- State Bar of Texas  # 24079944
Websites & Blogs
- Estate Plans Turned Upside Down By Recent Elimination of Stretch IRAs
20 January 2020
- Make Your Will Part of Your New Year’s Resolution
31 December 2019
- Ways to Simplify the Probate Process
14 December 2019
5 Questions Answered
- Q. My ex husband in Texas pass away. He has 3 adult children and they cannot find a will. His dad hold the mortgage on the
- A: You need to see if there was a written contract. There are many other questions that need to be answered. Check with the county clerk to see if they have a copy of the will. Sometimes a copy of the will can be found in a safe deposit box at the bank. If you know of the attorney who prepared the will then that attorney may have a copy. If you know of an attorney he used before then that attorney may know of the attorney who prepared the will. If you don't find a will then the heirs will need an attorney to file an application to determine heirship. However that takes longer and is more expensive than probating an estate with a will. If the estate is worth less than $75,000 then a small estate affidavit may be a possibility. That is much cheaper and does not take as long as the other two options, assuming the pandemic does not delay the process too much. Ultimately you should speak to an attorney with experience in contract law, real estate law, probate/estate administration, and litigation. Unfortunately that will cost some money. However some attorneys offer payment plans. You should speak to more than one attorney and weigh your options as not all are created equal.
- Q. Is a person liable for anything if they give a known alcoholic a car and they kill someone?
- A: Not necessarily just because the driver is a known alcoholic, but whether the driver is known to the owner of the vehicle as an incompetent or reckless driver and there is a record to prove it. Of course alcohol could play a big part of that, but it's a case by case fact intensive analysis. I would need more facts of course to determine whether I think a judge or jury would find the owner of a vehicle liable in a scenario like this. What you're referring to is called negligent entrustment. Under the doctrine of negligent entrustment, the owner of a vehicle who knowingly allows an unlicensed, incompetent, or reckless driver to operate the vehicle is liable for an injury caused by the driver. The owner is held liable for the owner’s own negligence in entrusting the vehicle rather than for the negligence of the driver. A plaintiff would have to prove to the judge or jury the following elements by a preponderance of the evidence to find the owner liable: (1) entrustment of a vehicle by the owner; (2) to an unlicensed, incompetent, or reckless driver; (3) who the owner knew or should have known to be unlicensed, incompetent, or reckless; (4) who was negligent on the occasion in question; (5) and whose negligence proximately caused the accident. Again, alcohol could play a big part in the driver being known to the owner as an incompetent and/or reckless driver. However, being an alcoholic alone is not sufficient to establish liability. Of course, there are many different fact scenarious that could lead to no liability on the part of owner or liability of other potential defendants. Sometimes a bar can be held liable if certain criteria are established under the Texas Dram Shop Act.
- Q. My mother died leaving money behind can my sister keep that to herself. My mother wanted it split five ways.
- A: It depends on many factors including whether the will is valid, what the will says, whether there were any designated beneficiaries named on an account, etc. It's best to speak with a probate attorney to review the will and gather more information from you.
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