Creating a comprehensive will is one of the most effective ways to make sure your property and personal wishes are honored after your death. An estate planning attorney in El Paso, TX, from our team can help you draft such a will under the requirements of state law. To support a smooth estate administration process, our team will examine evidence and provide you with dependable, high-quality legal counsel.
From an Estate Planning Attorney in El Paso, TX: What to Include in Your Will
Executor
When writing your will, you must first name an executor. This person will be responsible for managing your estate, including paying debts, gathering assets, and distributing property according to your instructions. Texas law allows you to waive bond and grant independent administration authority in your will. Doing this helps your executor avoid court supervision and speeds up the probate process. You should also include an alternate executor in case your first choice cannot or does not want to serve.
Read the rest of this entry »How to Administer an Estate With No Will in Texas
Administering an estate in Texas without a will can be complicated. Depending on the details of the situation, there may be ways to streamline the process. It’s wise to have an experienced El Paso probate attorney on your side to help you navigate the intricacies of estate administration and ensure a fair outcome.
How to Administer an Estate With No Will, With Help From an El Paso Probate Attorney
Use a Small Estate Affidavit
Under certain circumstances, an estate can be administered through the use of a small estate affidavit. It provides a faster way to administer the estate because the probate court isn’t heavily involved. A small estate affidavit can be used when there’s no will, there’s no real estate involved, and the total value of the estate is under $75,000.
If real estate is involved, but ownership of the property transfers automatically to a spouse or minor children upon the decedent’s death, a small estate affidavit could still potentially be used if the estate meets the other criteria.
Read the rest of this entry »If a dispute arises during the administration of an estate, litigation may be necessary. Although some disputes may be resolved with mediation, some require a ruling from the probate court. An El Paso probate lawyer can provide invaluable advice during an estate dispute and can represent your interests at every step.
How Can a Probate Lawyer Assist With Estate Litigation in Texas?
Administering an estate isn’t always straightforward, even when a will has been left. There are various areas where disputes may arise, such as:
Validity of the Will
A contest may be lodged if the heirs do not believe that the will is valid. This may be because they believe the deceased lacked capacity or was subjected to undue influence. They may also allege that the will has been altered, is fraudulent, or has not been properly executed.
Distribution of Assets
If a will has been drafted by a lawyer, the wording should be clear and unambiguous. However, if the will was not drafted professionally, disputes may arise over the wording, specifically the distribution of assets. This may be because the wording is too vague, or because a beneficiary has received less than expected. If a beneficiary has been completely omitted, they may argue this was unintentional.
Read the rest of this entry »Dealing with an estate can be complex, but if beneficiaries disagree, it can become even more challenging. A probate attorney can provide invaluable assistance during the process and help manage any disputes. Below, we examine what happens if a beneficiary disagrees with a probate valuation in El Paso, TX.
What Happens if a Beneficiary Disagrees With the Probate Valuation in El Paso, TX?
Probate takes into account the entire value of an estate, not just the items of significant value. The value declared for probate must reflect the value of the estate as of the date of death. The final probate figure should reflect the value of the assets minus any taxes or debts that are payable.
The value of every item should be a realistic market value. Confusion can sometimes arise as the market value may differ from the amount paid for the item or the amount for which it is insured. However, the value required for probate is the market value at death, not any other method of measurement.
Read the rest of this entry »How Do Easement Rights Affect Property Use in Texas?
Before purchasing land in Texas, it is a good idea to be aware of how easement rights can affect your property use. A real estate attorney in El Paso, TX, explains.
How Do Easement Rights Affect Property Use in Texas? A Real Estate Attorney in El Paso Explains
What Are Easements?
As easement is a legal right granted to a person or entity to use a certain part of someone else’s property for a certain purpose. It doesn’t mean ownership of the property in any way. It is simply permission to have access to and/or use part of the land for a particular reason.
Easements might be created by written agreements, or they might be just “tradition,” i.e., “We’ve always been allowed to hunt here.” Easements might also come about due to necessity, such as a neighbor needing to create an access road to get to their own property.
Read the rest of this entry »Property sales can be time-consuming, so it’s understandable not to want any delays. But if your property has defects, you will need to make a proper disclosure in most circumstances. An experienced real estate attorney in El Paso, TX can provide invaluable advice about how to proceed. This guide explains the legal requirements for disclosing property defects and the times when an exemption may apply.
What Are the Legal Requirements for Disclosing Property Defects in a Sale in El Paso, TX?
Do Property Defects Have to Be Disclosed in El Paso?
Any property sale in El Paso is subject to Texas law. This includes Property Code Section 5.008 which stipulates that a disclosure notice must be provided by the seller. The range of information that must be disclosed includes known defects and other relevant facts such as previous flooding events.
It is imperative that the seller makes a full and honest disclosure. However, they are only expected to disclose what they know. Texas law does not expect sellers to disclose what they should have known. This means there is no need for a seller to arrange an inspection to make a full legal disclosure.
Read the rest of this entry »Running a business in El Paso, Texas, involves more than just managing daily operations—it requires navigating a complex legal landscape. From forming your business to drafting contracts and protecting your assets, a local business lawyer is an invaluable partner. Whether you’re a small business owner or managing a larger enterprise, having a trusted legal advisor can help your business thrive in the competitive Texas market.
Navigate Business Formation
Starting a business requires more than a great idea—it demands a solid legal foundation. A business lawyer can guide you through choosing the right business entity, whether it’s a Limited Liability Company (LLC), partnership, or corporation. They ensure that all required documents are filed properly with the Texas Secretary of State and help you create essential agreements like operating agreements and bylaws.
For example, if you’re starting a retail store in El Paso, a business lawyer can help you establish an LLC to protect your personal assets while ensuring compliance with local regulations.
Tailored Legal Guidance for El Paso Businesses
Every region has unique legal requirements, and El Paso is no exception. A local business lawyer is well-versed in the city’s legal landscape, from zoning laws to local licensing requirements. By hiring a local attorney, you’ll receive guidance tailored to your specific industry and community, helping you stay compliant with both state and local regulations.
Draft and Negotiate Contracts
Strong contracts are essential to the success of any business. A business lawyer can draft and negotiate contracts for vendors, employees, clients, and partners, ensuring that your agreements are clear, enforceable, and designed to protect your interests.
Instead of relying on generic templates, which can leave your business exposed to risks, a lawyer will create contracts tailored to your unique needs. From partnership agreements to vendor contracts, your lawyer ensures that every detail is addressed.
Prevent Lawsuits and Disputes
El Paso businesses face a range of legal risks, including contract disputes, employee claims, and partnership disagreements. Proactively working with a business lawyer helps you reduce the likelihood of litigation by developing sound policies, maintaining proper documentation, and resolving disputes before they escalate.
For example, a business lawyer can review your contracts and employee policies to minimize the risk of costly legal battles in the future.
Comply with Employment Laws
Employment laws in Texas can be complex, and staying compliant is critical for business owners. A business lawyer can help you draft employment contracts, non-compete agreements, and workplace policies that align with state laws.
Whether you’re hiring your first employee or managing a large team, legal support can protect your business from potential claims related to wages, workplace safety, and discrimination.
Protect Your Intellectual Property
Your business name, logo, and creative works are valuable assets that require legal protection. A business lawyer can help you register trademarks and copyrights to safeguard your intellectual property from misuse or infringement.
For businesses in El Paso looking to establish a strong brand, protecting intellectual property is essential to standing out in the competitive market.
Manage Commercial Leases
Commercial leases are often complex and written in favor of landlords. A business lawyer can review and negotiate lease terms to ensure they align with your business’s needs. This includes addressing issues such as rent increases, maintenance responsibilities, and early termination clauses.
If you’re leasing office space, a warehouse, or a storefront in El Paso, having a lawyer review your lease can save you from costly surprises down the line.
Plan for Business Succession
Every business owner needs a plan for the future. Whether you’re preparing to retire or planning for unexpected events, a business lawyer can help you create a succession plan that ensures a smooth transition. This may include transferring ownership to family members, selling the business, or establishing a trust.
By planning ahead, you can protect your legacy and provide stability for employees and stakeholders.
Gain Peace of Mind with Ongoing Legal Support
Running a business is unpredictable, and legal issues can arise at any time. By retaining a local business lawyer, you’ll have access to reliable legal advice whenever you need it. This ongoing relationship allows you to address challenges quickly and focus on growing your business.
Partner with a Trusted Business Lawyer in El Paso Today
A local business lawyer is an essential partner for any company in El Paso, Texas. They help business owners navigate complex legal matters, avoid costly mistakes, and protect their interests. Whether you’re just starting your business or looking to expand, having a trusted legal advisor can make all the difference.
At Albert Nabhan Law, we provide personalized legal services to businesses of all sizes in El Paso. From business formation to contract drafting and dispute resolution, our attorneys are here to support your success.
Contact us online or give us a call at (915) 292-3518 today to schedule a consultation and learn how we can help your business thrive in El Paso and beyond.
Legal matters involving probate, real estate, and business transactions can be complex, requiring a clear understanding of the laws specific to Odessa, TX. Whether you’re handling estate administration, purchasing property, or entering into a business agreement, having the right legal insights can help protect your interests and achieve your goals.
Understanding Probate Law in Odessa, TX
Probate involves administering an estate after someone’s passing, which can include validating a will, distributing assets, and resolving outstanding debts. Navigating probate in Odessa requires familiarity with Texas laws, including how intestate succession works when there’s no valid will.
Common Probate Challenges
- Resolving disputes among heirs
- Addressing creditor claims against the estate
- Managing complex assets, such as businesses or real estate
When someone passes away, a key role of the probate process is to settle these debts. Here’s a short explanation from a probate lawyer in El Paso, TX, of how probate manages these debts.
How Does the Probate Process Handle Outstanding Debts of the Deceased? Answers from a Probate Lawyer in El Paso, TX
Inventorying the Estate’s Assets
The probate process begins with the executor, or court-appointed representative, compiling an inventory of all assets owned by the decedent and identifying which are subject to probate. The executor can then come up with a strategy for repaying debts.
Known creditors, like credit card companies or mortgage holders, are often contacted directly. In Texas, the executor is required to place a public notice, often in a local newspaper, to alert creditors. This step allows creditors a chance to file claims for repayment. Four months after receiving the mandatory notice of the probate proceedings, creditors are generally barred from making claims if they haven’t already.
Read the rest of this entry »What Legal Protections Should Be Included in a Business Partnership Agreement in Texas?
Entering into a business partnership can be a good way to combine resources, expertise, and effort to achieve mutual success. However, to safeguard all parties involved, specific legal protections should be clearly outlined in the agreement. Here’s some advice from a business law attorney in El Paso, TX, on what to include in a business partnership agreement.
What Legal Protections Should Be Included in a Business Partnership Agreement? Advice from a Business Law Attorney in El Paso, TX
1. Roles and Responsibilities
Clearly define the roles and responsibilities of each partner in the partnership agreement. This avoids confusion or conflict over differing interpretations of who is responsible for what. The partnership agreement should outline each partner’s duties, decision-making authority, and operational responsibilities. This is necessary not only for efficiency but also to prevent overstepping boundaries.
2. Capital Contributions and Profit Distribution
Define how much each partner will contribute to the business, whether in cash, assets, or services. The agreement should specify the percentage ownership each partner holds based on their contributions and outline how profits and losses will be distributed. Fairness and transparency with financial issues is vital, so no partner feels shortchanged or left out of financial matters.
Read the rest of this entry »Connect with us
