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Tammy Lyn Wincott

Tammy Lyn Wincott

Compassionate Estate & Probate Legal Assistance Wincott Law Firm PC
  • Probate, Estate Planning, Elder Law...
  • Atascosa, Bandera, Bexar, Comal, Guadalupe, Kendall, Wilson Counties, Immigration, Texas
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Originally from the Thousand Islands region of New York. I relocated to Texas via the U.S. Air Force in 1988. I spent the first 15 years in Austin, prior to attending law school at St. Mary's school of law. Once licensed, I relocated to San Antonio.

Practice Areas
  • Probate
  • Estate Planning
  • Elder Law
  • Real Estate Law
  • Personal Injury
  • Insurance Claims
  • Bankruptcy
  • Free Consultation
    Free 30 minute consultation. Telephone consultation may be available.
  • Credit Cards Accepted
  • Contingent Fees
    Only in Personal Injury cases.
  • Rates, Retainers and Additional Information
    Payment Plans may be available.
Jurisdictions Admitted to Practice
Atascosa, Bandera, Bexar, Comal, Guadalupe, Kendall, Wilson Counties
Bankruptcy Court Texas Western District
Federal Circuit
Texas Probate Courts
  • Spanish
Professional Experience
Owner & Prinicpal Attorney
Wincott Law Firm, P.C.
- Current
Owner & Principal Attorney for the WIncott Law Firm, P.C. Practice areas include immigration and probate with extensive experience in familial issues.
Solo Practitioner
Law Office of Tammy L. Wincott
Solo Attorney law practice assisting in areas such as immigration, wills & estates, bankruptcy, family, animal law, personal injury and other civil.
St. Mary's University
Doctor of Jurisprudence/Juris Doctor (J.D.)
Park University
B.S. (2002) | Business Management
Honors: Summa Cum Laude
Resolution Honoring Tammy L. Wincott
State Bar of Texas
A resolution honoring Attorney Tammy L. WIncott for her community service and in particular her support of veterans. Honored as an inspiration to others.
Recognized as single attorney dedicated to the most cases associated with the program.
San Antonio Bar Association--Community Justice Program
Recognition for Summa Cum Laude Undergraduate Achievement
Park University
Professional Associations
San Antonio Bar Association Community Justice Program
- Current
Activities: Volunteer Attorney providing pro bono services in an effort to allow all those deserving access to the legal justice system.
Texas State Bar # 24056545
- Current
American Bar Association
- Current
Activities: member in American Bar Association
Articles & Publications
Immigration: A Realistic Look
Elite Attorney SA
The More Things Change - The More They Stay the Same
Elite Attorney SA
Speaking Engagements
Panel Member: Family Law & Bankruptcy, Texas Bar Advanced Bankruptcy CLE, Houston, Texas
State Bar of Texas
Attorney Ad Litem Procedures, Delinquent Ad Valorem Taxes, Bexar County Courthouse, San Antonio, Texas
Linebarger, Goggan, Blair & Sampson LLP
Approved Guardianship Attorney
State Bar of Texas
Websites & Blogs
Legal Answers
467 Questions Answered

Q. is dads original death certificate and myoriginal birth certificate enough to declare heir ship ?
A: No. There are a couple of ways of doing heirship in Texas and it depends on what you are trying to accomplish, whether there are other heirs, etc. If you are only trying to transfer title to a house, then one option would be to file "Affidavits of Heirship" in the County Deed Records where the real property is located. If you are trying to obtain funds in a bank account, insurance, etc. a formal proceeding will be necessary. Sometimes a Small Estate Affidavit "SEA" is used; however, it all depends on the facts of your particular case.
Q. Dad bought house in 1999, married in 2004, Refied house with wife 2016. Does she have part ownership?
A: Since this was asked in Texas Real Estate Law, I will answer according to that. Most likely, the wife obtained a 1/2 interest in the property at the time it was refinanced; however, your dad's will (once admitted to probate) will transfer his 1/2 to the named beneficiaries.
A: I suggest you hire an experienced probate lawyer as soon as possible.
A: If there was a will and your aunt was named executor then she must probate that will before she can legally act on anything. If the will has already been entered to probate, then your aunt must collect assets and pay all debts before she can distribute the remaining assets to the beneficiaries.
Q. So in the Meyer v Nebraska case why was it ruled unconstitutional and what evidence did they have to prove that
A: Then you need to study the case and see what the evidence is, not ask someone else.
Q. If land was willed to my Mother in the state of Texas, does she have to sell her land because the executor wants to buy?
A: First, the will must be admitted to probate before an executor obtains any power. Second, an executor may not buy the land without the agreement of all heirs otherwise there may be a conflict of interest. I suggest meeting with a probate attorney as it may be necessary to file a suit for partition that would result in each beneficiary receiving their share of real property or the sale of the property with proceeds divided accordingly. This question should be in probate not here.
Q. If a will has already been probated, how can I find out who the lawyer is to contact him?
A: Call the County Probate Clerk's office and they will provide the information.
Q. Can a family member claim unclaimed property in Texas if will has been probated?
A: If there is no named beneficiary on a life insurance policy, the funds become property of the estate. If his will indicated "all" property both real and personal would go to a beneficiary/beneficiaries then they would be the rightful ones to the insurance. The executor should act upon discovering new estate assets. With the finding of new assets there could be a chance for you to contest a will. I suggest meeting with a probate attorney to discuss further.
Q. I am the Executor and heir to the decedent's estate in Texas. I have a Deed (unrecorded) to property. There is a will.
A: I'm a little unclear on your question. A will is not valid and you are not the Executor until the will has been entered for probate with a Court. A simple way to transfer property when there are no debts is to probate the will as a muniment of title. I suggest you contact a probate attorney in the appropriate jurisdiction.
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Contact & Map
900 NE Loop 410
Suite D-410
San Antonio, TX 78209
Telephone: (210) 474-6221