Question 1

What is the non-emergency contact number for the local police station in El Paso, Texas?

Accepted Answer

You may contact the El Paso Police Department for non-emergencies that need police dispatch at (915) 832-4400.

Question 2

Where can I get a copy of police reports for incidents related to my case in El Paso, Texas?

Accepted Answer

To obtain copies of police reports in El Paso, visit the records counter at the El Paso Police Department, located at 911 N Raynor St. The records counter is open Monday through Friday from 8:00 am to 12:30 pm and 1:00 pm to 4:00 pm.

Question 3

What happens to a decedent's assets in El Paso if they left no will?

Accepted Answer

When an individual in El Paso passes away without a valid will, their assets are distributed according to the laws of intestate succession. Intestate succession pertains to how your assets will be allocated to your surviving family members, such as a spouse, children, living parents, or other close relatives following your demise.

Question 4

Are cases from the El Paso County Probate Courts directed to the El Paso County Dispute Resolution Center?

Accepted Answer

Yes. The judges of the El Paso County Probate Courts refer cases to El Paso County Dispute Resolution under the following circumstances:

• When the services required are exclusively for residents or litigants from El Paso County • When any party involved in a case is representing themselves without the aid of an attorney • When the cases undergoing discovery level 1 have a value that does not exceed $50,000

Question 5

Is it necessary to have a lawyer for estate planning in El Paso?

Accepted Answer

Yes, it is necessary to retain a lawyer for estate planning in El Paso. Texas law limits the representation of individuals in probate proceedings to licensed attorneys. If a will does not undergo probate, it lacks the legal effect to transfer ownership, possession, or any rights associated with a property.

Question 6

What is the time limit for probating a will in El Paso?

Accepted Answer

The statute of limitations for probating a will in El Paso is four years from the date of the testator's death. If the executor does not file the will for probate within this time period and there is no other valid will, the estate's assets will be distributed according to Texas intestate laws.

Question 7

Can one contest a will in El Paso?

Accepted Answer

Yes, heirs, spouses, devisees, and creditors in El Paso interested in an estate can contest a will. To do so, the legal action must commence within two years from the date the will is presented for probate and an executor is appointed. Common reasons why a will is contested are:

• The testator lacks testamentary capacity • The will was drafted under undue influence • Forgery • The will is not noncompliant with Texas law

Question 8

What does an estate planning attorney do?

Accepted Answer

An estate consists of the total assets that form an individual’s net worth, no matter how large or small. Estate planning attorneys use their in-depth knowledge of state and federal laws to help people best manage what will happen with their estates after they die or become incapacitated. Estate planning attorneys can prepare wills, form trusts, reduce estate tax burdens, and decrease or eliminate the need for probate court.

Question 9

What are valuable estate planning services an attorney can provide?

Accepted Answer

With the many intricacies of assets, taxes, and state and federal laws that can affect a person’s estate, an estate planning lawyer can be a valuable professional asset, no matter how large or small a person’s estate may be. An estate planning attorney can:

Create a comprehensive plan to protect a client's legacy, that includes a will, power of attorney, trusts, life insurance, and advanced medical directives
Optimize an estate plan as tax laws, life events, assets, and goals change over time
Protect a client’s loved ones by preventing assets from entering probate
Help clients designate a person to make important health decisions for them if they become incapacitated

Question 10

Can estate planning attorneys help create trusts/wills?

Accepted Answer

Estate planning attorneys can create trusts and wills. Through a will, an attorney can help a client designate their estate’s beneficiaries and assign an executor to represent the will in probate court. These attorneys can also create trusts, allowing a client to assign a trustee to oversee the estate, potentially avoiding probate court and holding assets to be distributed over time.

Question 11

Is estate planning the same as drafting a will?

Accepted Answer

While both estate plans and wills officially document how their owners wish to allocate certain assets after their death, there are key differences. In estate planning, a will is often just one of several documents that form a comprehensive plan. In a will, people must designate a person responsible for executing their will after their death. The will can include guardians for their children when they die and beneficiaries to receive an inheritance of money, property, and other assets.

Question 12

What are the steps involved in estate planning?

Accepted Answer

To create a thorough and effective estate plan, individuals should follow these steps:

Prepare a will that designates an estate executor; indicate who will receive what assets, and assign a trust and guardians for any children. Consider using an attorney if the will is in any way complex.
To avoid probate, have an attorney create a revocable living trust.
Assign beneficiaries to other assets, such as life insurance policies, retirement plans, and securities.
Use an attorney to prepare a living will, name a health care proxy, and create a HIPAA release form.
Update the plan every five years.

Question 13

How long does the estate planning process last?

Accepted Answer

The length of the process can vary greatly depending on the size and complexity of the estate, the specific law office, and whether there’s an emergency or urgent need. If you’re using an attorney, you can generally expect it to take one to five weeks. You may be able to speed up the process by immediately providing your attorney with any bank statements or other documents they need.

Question 14

What is a trust?

Accepted Answer

A trust is an agreement between a grantor, a trustee, and a beneficiary. In this agreement, the grantor allocates funds or real property assets to the trustee to be held either until the grantor passes away or until a specific, agreed-upon date. At that point, it's the responsibility of the trustee to distribute funds or property to the beneficiary or beneficiaries. While there are similarities between a will and a trust, a will is a more comprehensive document that typically requires probate court, while a trust allows assets to pass to the beneficiary without probate.

Question 15

How does a trust fund work?

Accepted Answer

When opening a trust fund, a grantor allocates a trustee to oversee and manage assets in the account. This trustee can sometimes be a relative, an estate lawyer, or a bank that acts as the legal owner of the trust. While holding assets, the trustee is required to file taxes on trust assets.

Question 16

How does a living trust work?

Accepted Answer

A living trust enables a grantor to manage their assets through a trustee while still alive. They can continually add funds and/or property to their trust fund by transferring them to the trustee, who accepts ownership of everything held in the fund. The grantor can name a beneficiary for their trust, and their assets will be automatically transferred to that person or establishment upon their death.

Question 17

Do I need a lawyer for a will?

Accepted Answer

No, a lawyer is not required to draft or complete a will. However, there are some scenarios in which hiring an estate lawyer to assist with a will is a good idea, including when children or high-value assets are involved. Additionally, an estate lawyer can help to reduce probate fees and taxes paid by loved ones after a person dies. It's also best to work with a professional to ensure that the will addresses everything necessary, such as funeral plans, guardianship, and asset distribution.

Question 18

Can you have both a will and a living trust?

Accepted Answer

Yes, and individuals who have a living trust should also have a will. While a living trust enables a person to leave funds and assets to a loved one when they're gone, a will is required to cover any assets that aren't included in the trust, such as guardianship of dependents, funeral plans, and forgiveness of outstanding debts, if applicable.

Question 19

How much does it cost to set up a trust?

Accepted Answer

The cost of setting up a trust varies quite a bit depending on a variety of factors, including terms that are in place, special provisions for minor beneficiaries, and trustees' basic fees. In most cases, the minimum cost of setting up a trust is about $1,500, but depending on the factors mentioned above, this cost can increase by thousands of dollars.

Attorney Names	Bar Status	Experience
Jennifer Coulter - Associate	Active	12 yrs
Jessica Kludt - Partner	Active	12 yrs
Jennifer Coulter - Associate	Active	12 yrs

Attorney Names	Bar Status	Experience
Jeffrey Brown - Shareholder	active	53 yrs
Bernard Felsen - Shareholder	Active	39 yrs

Attorney Names	Bar Status	Experience
Frederick Walker - Principal	Active	47 yrs
Ali Walker - Associate	Active	8 yrs

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Frequently Asked Questions

What is the non-emergency contact number for the local police station in El Paso, Texas?

What happens to a decedent's assets in El Paso if they left no will?

Are cases from the El Paso County Probate Courts directed to the El Paso County Dispute Resolution Center?

Is it necessary to have a lawyer for estate planning in El Paso?

What is the time limit for probating a will in El Paso?

Can one contest a will in El Paso?