Best Probate Lawyers 2022
Mark T. Davis
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.
Law Office of Irina Z. Barahona
The Law Office of Irina Z. Barahona provides probate services to El Paso. Barahona assists clients concerning wills and trusts, as well as financial and medical powers of attorney. She handles issues concerning special needs or management trusts, customization of asset distribution, and determination of intestacy and heirship. She helps navigate and negotiate complicated situations involving probate. Barahona also accepts cases involving business and real estate transactions. She also practices law in New Mexico and is a former Center Against Family and Sexual Violence board member.
Forbes & Forbes Law
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.
Anderson, Bright and Associates, P.C.
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.
The Law Offices of Michael J. Zimprich, PLLC
The Law Offices of Michael J. Zimprich, PLLC, is a multi-practice firm that serves clients in El Paso. It guides executors of wills and beneficiaries of an estate through the probate process. The firm also helps clients in creating estate plans to preserve their assets, which include the drafting of wills, trusts, and powers of attorney. Zimprich has worked and lived in the metro area since 1994. He uses his background in the real estate industry to assist clients in trust administration and probate.
Nabhan Law
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.
Law Office of Michelle E. Smith
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.
Law Office of Monique Velarde Reyes
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.
The Goldfarb Law Firm
The Goldfarb Law Firm is a practice serving El Paso and surrounding communities. It provides legal assistance to individuals and families in matters involving probate of wills, administration of probate and intestate estates, family settlement agreements, and trust modification and termination. One of its practitioners, Allan Goldfarb, is certified by the Texas Board of Legal Specialization in estate planning and probate and handles tax planning and IRS filing. He also works with principals and owners of family businesses.
Pineda Law Firm
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.
Mounce, Green, Myers, Safi, Paxson & Galatzan A Professional Corporation
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.
Enrique Ramirez
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.
Steve Ortega Law
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.
Townsend Allala, Coulter & Kludt, PLLC
The law firm of Townsend Allala, Coulter, & Kludt, PLLC is based in El Paso and has been practicing probate and estate administration since 2003. The firm assists executors and administrators throughout the probate process, including obtaining insurance payments due the decedent's estate, distributing assets, and filing required court papers. Its probate attorneys in El Paso also provide guidance in estate planning and creation of wills. The firm is experienced in establishing special needs trusts and offers services in English and Spanish.
Expert Answers To Common Questions:
- What does a probate attorney do?
- What is probate court?
- How long do you have to file probate after death?
- Does life insurance go through probate?
- Do household items go through probate?
- Do bank accounts with beneficiaries have to go through probate?
- What happens if no probate is filed?
- What is probate real estate?
- Can I probate a will or estate without an attorney?
- How many years can an estate remain in probate?
- When is a will's probate an automatic process?
- What does it mean when property is under probate?
- Q: What does a probate attorney do?
- A: Probate attorneys are licensed professionals who represent executors and heirs after someone has died. They provide personalized legal advice, assist with tax planning, settle debts, and facilitate the distribution of assets. Probate attorneys typically represent clients during administrative proceedings overseen by probate courts, although some litigators focus on handling disputes and lawsuits related to contested estates.
- Q: What is probate court?
- A: Probate court works with the family or beneficiaries of a deceased person to validate their last will and testament. The courts review the individual's will to identify and calculate assets, pay off remaining debts, and distribute the remaining property to beneficiaries per the deceased person's requests. Depending on state laws, property valued under a certain amount may not require probate.
- Q: How long do you have to file probate after death?
- A: The amount of time loved ones have to file a will after a person dies varies from state to state. While California courts require probate to be filed within one year, New York has no deadline. That being said, it's advisable to file probate as quickly as possible once a person has died, as the process itself can take anywhere from a few weeks to more than a year.
- Q: Does life insurance go through probate?
- A: Life insurance doesn't need to go through the probate courts if the deceased individual has named a beneficiary on their policy. However, life insurance policies without beneficiaries, or with beneficiaries who are either deceased themselves or cannot be contacted, go directly to the deceased individual's estate. When this happens, life insurance proceeds must go through probate court to determine how funds should be allocated.
- Q: Do household items go through probate?
- A: While the exact rules do vary from state to state, most household items don't require probate and are automatically left to immediate families unless otherwise stated in the deceased person's will. When it comes to property, only items above a certain value or held in title are required to go through probate in most states.
- Q: Do bank accounts with beneficiaries have to go through probate?
- A: In the event a beneficiary has been named, bank accounts are not required to go through probate and will be paid directly to the person designated by the deceased individual. However, should that individual be deceased themselves or if contact cannot be made after a certain period of time, funds will be allocated to the estate and put through the probate process.
- Q: What happens if no probate is filed?
- A: Depending on the circumstances, probate may not be required in all cases. If a person passes on and their remaining property is jointly owned, it automatically transfers to the other owner. However, if a property is not jointly owned and no probate has been filed, the executor of the will won't be able to transfer titles or cash assets to beneficiaries. Be aware that the specific laws surrounding probate requirements vary from state to state.
- Q: What is probate real estate?
- A: Probate real estate is the process that happens when a realtor steps in to handle the sale or transfer of a deceased person's owned home to another individual. In some cases, the house is sold as a means of liquidating assets, and proceeds from the sale are used to pay debts or are distributed to beneficiaries.
- Q: Can I probate a will or estate without an attorney?
- A: It is possible to probate a will and close an estate without hiring an attorney. However, it requires multiple steps and an understanding of the law. The first step is to petition the court to appoint a representative for the estate. Next, the executor must notify all heirs and creditors before switching ownership from the decedent to the estate. Once all debts, taxes, and final expenses have been paid, funds can be transferred to heirs. To close an estate, the executor must submit a report showing the court that all obligations and final wishes have been satisfied. While a will and estate may seem straightforward, things can get complicated quickly if multiple heirs are involved, or if disputes or disagreements arise over distribution. A probate lawyer can help navigate these disputes effectively, and take pressure off the executor when beneficiaries aren’t getting along.
- Q: How many years can an estate remain in probate?
- A: If the will or proposed distribution of property is contested, an estate may remain in probate for several years. The timeline depends on how long relatives have to initiate probate, how long creditors have to come forward, and how busy the courts are. In some states, such as Florida, relatives have just 10 days to initiate probate, and the entire process takes approximately six months. In other areas, such as Massachusetts, the process can last one to two years, although the majority of probate activities occur in the first nine months. The value of the estate also affects the duration of the case. For example, California and Texas have simplified procedures for smaller estates, such as those valued at $150,000 or less.
- Q: When is a will's probate an automatic process?
- A: Probate is the legal process of validating a last will and testament to ensure that the decedent's wishes are followed. A probate judge may automatically clear wills if they're accompanied by an affidavit from the decedent, a notary, and a witness. Some assets, including financial accounts with designated beneficiaries, and funds held by certain types of trusts don't have to go through probate.
- Q: What does it mean when property is under probate?
- A: Real estate that's under probate is typically liquidated through the court system, which is most common when someone dies without a will. Home buyers who are interested in this type of property must follow special rules regarding deposits, which are sometimes nonrefundable, and buyer's premiums. Additionally, the court must approve the purchase price.
