El Paso’s Trusted Probate Lawyer Since 1983

Probate is the legal process through which a deceased person’s will is validated by a court, and their assets are distributed according to the will or, if no will exists, according to Texas intestacy laws. It also includes settling debts and ensuring rightful heirs receive property.

Yes, having a will ensures your wishes are honored after death, including who inherits your assets and who is appointed to manage your estate. Without a will, Texas law determines how your estate is divided, which may not align with your preferences.

Probate can be avoided or minimized through proper planning, such as using Living Trusts, Transfer on Death (TOD) deeds, joint ownership with rights of survivorship, and naming beneficiaries directly on accounts. These strategies help assets pass outside the court process.

A Living Trust is a legal document that places your assets into a trust during your lifetime. You maintain control as the trustee and name a successor to manage or distribute assets upon your death. It helps avoid probate, maintains privacy, and can simplify the transfer of property.

A Transfer on Death Deed (TOD) is a legal instrument that allows real estate to pass directly to a named beneficiary upon your death, without going through probate. It remains revocable during your lifetime and only takes effect when you pass away. It also helps with Medicaid claims.

Anyone who wants to ensure their financial matters are handled if they become incapacitated should have a Financial Power of Attorney. This document designates a trusted person (agent) to manage your financial affairs on your behalf.

A Medical Power of Attorney allows you to appoint someone to make healthcare decisions for you if you are unable to do so. It ensures your medical preferences are respected and that someone you trust is legally empowered to speak on your behalf.