Probate Law
What is Probate?
In general, Probate is an area of law which deals with transferring ownership of property once someone has passed away. It includes everything from preparing estate planning documents while an individual is still living, to uncontested probate matters, all the way to contested probate litigation and challenging end of life decisions.
We are one of the few law firms in El Paso that accepts cases involving litigation of contested wills, complex probate, trusts, and guardianship matters.
As Probate attorneys, our services include:
- Probate of Wills
- Heirship Determinations
- Small Estate Affidavits
- Affidavits of Heirship
- Estate Planning
- Guardianship
- Probate & Fiduciary Litigation (complex probate cases, contested trusts, and guardianship issues)
- Mediation of Contested Probate Matters
Our Probate attorneys’ experience and expertise makes us one of the leading law firms in El Paso that deal in probate law. Our caring support staff is always ready to help you in any way you need.
What is Guardianship?
Guardianship law is a sub-set of Probate law. However, instead of focusing on what happens when a person dies, Guardianship deals with living people who are incapacitated.
In Texas, an adult is incapacitated if they have a mental or physical condition which causes them to be substantially unable to provide for their food, clothing, or shelter, or unable to care for their own physical health or manage their own finances. When an adult is incapacitated, the Probate Court can appoint a Guardian to care for the incapacitated person. The Guardian has the authority to make legal, financial, and/or health care decisions for the incapacitated person.
If an adult has one of these conditions, they may need a Guardianship:
- Alzheimer’s or dementia
- Down Syndrome
- Intellectual Disability
A guardian can be the ward’s spouse, another family member, a friend, a neighbor, or a professional guardian (an unrelated person who has received special training). A guardianship attorney can help determine whether you will qualify as guardian for your loved one.
If you are worried or interested in a proposed ward’s wellbeing, we can help you file the paperwork to begin the legal proceedings. We will represent you during the hearing and help you meet any other legal requirements.
