Posted by: El Paso Probate Lawyer on 9:28 AM in belkin el paso estate planning power of attorney probate steve ortega susan strelitz trusts will wills | Comments : 0
It doesn't matter how little you think you have in regards to property or assets. It is so important to have a document that states what needs to happen if you die. Many folks understand a will is necessary. However, most people don't make it a point to have one written. Unfortunately, if you die without a legal will the courts decide what happens to your property. Luckily, we have several trustworthy, reputable probate lawyers in El Paso. In an objective poll locals voted Alex Neill, Joe Moody, and Steve Ortega in the top 3 most like-able, knowledgeable, and effective probate lawyers [Like-ability was measured in regards to patience, eye contact and time spent with clients]. We will spend more time writing about these individuals in the next post. For now - let's focus on the very boring but important topic of legal property distribution.
In legal terms) state rules decide how to distribute property and assets. However, every state generally has similar patterns. In other words, if you die without a will the state you live in has a plan. A pre-decided plan. The laws follow this formula. Often, it is not what you want or expect.
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Property and assets are distributed according to a pattern. The pattern depends primarily on whether you are single or married. Also, domestic partnerships count. Another consideration is if you, or your spouse, have children. This determines how your assets and property will be distributed without a will in place.
Cases are straightforward for most single people. Dying intestate, or without a will, is not complex if you are single without children and/or single with children.
Yvette is single. Her parents are alive. Yvette has goddaughters. Her wishes are to give them money for education when she dies. If Yvette dies without a will, her property and assets will be given to legal next of kin. This is because Yvette is single without children. What happens if Yvette's parents die before her? Great question. Without a will or estate planning, Yvette's property would go to her siblings. Furthermore, having no estate planning or will in place does not guarantee Yvette's siblings will give that money to her goddaughters. Furthermore, Yvette's siblings would be keeping the money legally (even if not morally).
Best Estate Planning Lawyers In El Paso, Tx
Despite Yvette expressing that she wanted her money to go to her goddaughters, it likely it won't get there without a legally binding document showing such wishes.
Your dying is terrible enough for your spouse. Passing away without a will is devastating. This is because dying without a will or estate plan is very complex.
As mentioned before, state laws vary widely on how your estate is distributed. These laws change even more when you are married with children. Many states give the spouse everything. However, other states, 1/3 to 50% of the estate is given to the spouse. The remaining portion is given to the deceased's parents. The laws are strict. Even if the deceased was not on speaking terms with either parties the law decides.
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Furthermore, if married with children, the surviving spouses typically inherits 1/3 to 50% of the estate with the remainder being divided among the children.
In any case, these are all scenarios that can be controlled by you if you ensure that your will is in place. There are several trustworthy people for you to trust in putting together your estate planning, wills, trusts. We do not endorse or receive ad spend from the following list. We have had readers reach out and refer them to us for this article via survey. We've included both their Google Pages below:Anderson, Bright and Associates, P.C., is a law firm that caters to clients in El Paso. It deals with probate law, helping those who want to create a will and pass down their assets. The firm handles the paperwork and instructions to ensure it is carried out. It also helps clients in trusts and distribution of the estate. The firm was founded back in 1968 and has helped clients with family law, real estate, and bankruptcy.
We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
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We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
Enrique Ramirez is a general litigation attorney that has been representing the people of El Paso for over 35 years. The attorney's primary areas of practice include probate, and he has experience with each step of the process, including appointing a representative, assessing the estate of the deceased, settling their debts, and distributing their assets among the beneficiaries. Ramirez also offers immigration, real estate, personal injury, and family law services.
Forbes & Forbes Law is a team of civil litigation and probate attorneys in El Paso that has more than 80 years of combined experience. The firm has experience with the entire process of probate, including choosing a representative of the will, notifying creditors and beneficiaries of the death, assessing the estate of the deceased, and distributing their assets. Its team offers additional assistance with estate planning and personal injury lawsuits.
El Paso Estate Planning Lawyer
The Law Office of David Nevarez serves El Paso and nearby areas. David Nevarez represents clients in probate courts on behalf of the heirs of the deceased who did not leave a last will and testament. He also offers legal services in the areas of personal injury, traffic tickets, and warrants. Nevarez designed a secure online facility, the DN Virtual Law, which is used to serve the needs of clients in a unique, personal, and private manner.
The Law Office of Michelle E. Smith provides legal assistance in probate matters in the El Paso metro. It helps its clients in probating a will or in dividing an estate when there is no will. Aside from estate administration, Smith also handles various family law cases such as child custody, premarital agreements, property, and asset division, and divorce. Smith earned her Juris Doctor in 2010 and has obtained a certification by the Texas Estates Code to represent litigants in guardianship proceedings.
The Law Office of Monique Velarde Reyes is a locally owned practice that caters to clients in El Paso and the neighboring communities. It represents individuals and families in matters related to probate law, including property distribution and administration. It also provides trust and will preparation services. In addition, the law firm offers legal representation to individuals who are facing criminal charges, such as domestic violence, trespassing, drug possession, driving while intoxicated, felonies, and misdemeanors.
Probate Attorney In El Paso
Mark T. Davis, Attorney at Law, has provided estate planning attorneys in El Paso since 1993. The bilingual firm assists English and Spanish-speaking clients with the probate process, including managing the notification of creditors, the inventory and valuation of assets, distribution of funds to beneficiaries, and the litigation of disputes. The firm's other practice areas include family, business, bankruptcy, real estate, and criminal law. Mr. Davis also assists clients with estate planning and wills.
Mounce, Green, Myers, Safi, Paxson, & Galatzan APC is a civil litigation law firm in El Paso that has a history going back over 100 years. The firm offers a variety of probate litigation services, such as those involving power of attorney disputes, breaches of fiduciary duties, and misinterpretation of a will. Its team also represents individuals who are challenging wills. Partner Carl Green was honored by Best Lawyers in 2020.
Nabhan Law serves businesses, property owners, and individuals throughout the community of El Paso and surrounding areas. The firm handles various matters involving probate law, such as estate planning, title transfers, wills and trusts, guardianship, powers of attorney, and heirships. It also provides legal services in traffic violations, business matters, and real estate law. Its owner and founder, Albert Nabhan Jr., has been working in the legal industry since 2005. He is a certified mediator and fluently speaks Spanish.
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Pineda Law Firm serves the legal needs of clients in El Paso and the neighboring areas. It provides probate assistance covering heirship determination, dependent and independent administration, and estate tax return filing. It also assists in creating last will and testaments, living trusts, powers of attorney, HIPAA release, and burial memorandums. In addition, the firm handles matters related to business, real estate, and lottery law. Principal Ernesto Pineda served as a board member of the El Paso Bar Association.
Steve Ortega Law is a law firm led by a probate attorney in El Paso who guides clients through the estate planning and probate process. Attorney Steve Ortega files an application with the court to begin probating a decedent's will and determines what estate assets are to be distributed to beneficiaries. Mr. Ortega prepares comprehensive estate plans that include living wills or trusts, powers of attorney, and advanced medical directives. Ortega Law also reviews and improves current estate plans.
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