If you’re facing a legal matter that involves real estate, it is essential to consult an experienced attorney. They can help you avoid costly and frustrating mistakes and ensure everything runs smoothly.
A reliable lawyer will guarantee that your property is passed down according to your wishes, which can be especially advantageous if you have children or other dependents.
Last Wills and Testaments
To guarantee your wishes are carried out after death, having a Last Will and Testament is essential. It serves as an integral part of any estate plan and guarantees that all belongings to you – property, assets and other valuable items – are distributed according to your wishes.
A Will should contain instructions for how your property and possessions will be divided, as well as who you would like named as executor of your Will and guardians for your children. It may also include a Durable Power of Attorney and Medical Power of Attorney so that others may make decisions in case you become incapacitated or unable to express your wishes verbally.
The top property lawyers in El Paso can craft a Last Will and Testament that safeguards your estate and offers peace of mind during your lifetime. Additionally, it helps safeguard loved ones from an unsatisfactory distribution of assets if you pass away without leaving behind a Will, known as dying “intestate.”
Inheritance Laws
Inheritance laws are the rules that determine how heirs of a deceased individual receive their share of property after death. This may be done through a will (or trust), or according to intestate laws in case there was no will present.
The top property lawyers in El Paso can assist you with all aspects of estate administration. This includes naming a guardian for minor children and distributing assets according to your wishes.
For instance, if you own a home as tenants in common, you can alter your deed to reflect joint tenancy with rights of survivorship – meaning that when one party passes away, their surviving partner will automatically acquire 100% ownership of the house.
State inheritance laws dictate how property is divided among survivors according to each family member eligible for inheritance. Since these rules can be quite intricate, it’s best to consult an experienced lawyer for guidance throughout this complex process.
Probate
Probate is a legal process that permits the distribution of property after someone passes away. A probate court appoints an executor to manage an estate and works with that individual to ensure all debts are settled and assets are distributed appropriately.
Property lawyers in El Paso understand the importance of estate planning, as it ensures your assets are transferred correctly to your heirs after you pass away. They can assist you in creating a comprehensive will that includes specific instructions regarding asset distribution and setting up trusts to minimize or eliminate probate proceedings.
Probate can be a complicated and time-consuming process, so having the assistance of an experienced attorney who can guide you through it quickly is invaluable. Townsend Allala, Coulter & Kludt, PLLC in El Paso offers compassionate legal guidance during this difficult time.
Trusts
Trusts are an alternative to wills when it comes to distributing assets after death. Not only do they help avoid probate, minimize taxes and protect a grantor or beneficiary’s privacy, they can also accommodate minors or those with mental incapacity as well as shield the estate from creditors.
They offer more assurance than a will that the grantor’s wishes will be carried out. Furthermore, they give trustees more freedom in managing and distributing assets to beneficiaries.
Property lawyers in El Paso have extensive knowledge and expertise with all types of trusts, so they can tailor a trust to meet your individual needs. They may help create an irrevocable charitable remainder trust to benefit your preferred charity after you pass away, as well as generation-skipping trusts that safeguard your grandchildren’s inheritances after you die.
Are you uncertain whether a trust is appropriate for you? Reach out to an experienced El Paso trust lawyer at the Law Offices of Victor H. Falvey today for a consultation. Our offices are conveniently located in El Paso and Las Cruces, New Mexico along the U.S./Mexico border and we have extensive experience assisting clients with cross-border estates.