Probate is a legal process that begins after someone’s death, and the point is to ensure that their assets are handled according to their wishes or, if their wishes are not clear, according to state law. This is a court-supervised process that can take time and cost money, and a probate lawyer in El Paso, TX can help you understand how it may affect your estate, help you plan to avoid probate as much as possible, or get you through a probate dispute if you’re already mired in one.

From a Probate Lawyer: What Is the El Paso, TX Probate Process, and Why Does It Matter?

Getting Technical

Probate is a judicial process that does two important things: first, it authenticates a person’s will, if they have one, and second, it appoints an executor to oversee the administration and distribution of a deceased person’s estate. If that person left a will, then the administration should be done according to the terms of the will, provided the will is legal and valid. If there is no will, then the executor will follow Texas intestacy laws to decide who gets what.

Why It’s So Important

The word probate comes from a Latin word that means “to prove,”and that has reference to its primary duty of proving, or authenticating, a will. This is important to avoid disputes. If you cannot prove that a person left a will or what that will is really saying, then you cannot have a fair distribution of their property or a distribution that follows their wishes. There must also be oversight to prove which will is valid if there’s more than one. Without probate, potentially any number of unscrupulous actors could try to claim parts of an estate.

Probate is also important when there is no will. This can happen for various reasons, but when it does, the probate court steps in to make sure that spouses and children are prioritized over everyone else in the distribution of the deceased’s estate. Finally, probate is crucial because certain assets, like real estate, cannot just be handed over to another person without a legal process. Probate ensures this happens smoothly.

How It Works

The process begins when the court validates a person’s will. This means the court looks to see that it is legal. If it is, the will should name an executor for the estate, and the probate court will then give this person the authority they need to oversee the assets of the estate. If there is no will, then the court will appoint an administrator to fill the role.

The executor then inventories all assets and determines their value. Once that’s done, creditors have a chance to bring any legitimate claims. These must be dealt with, and all taxes must be paid. Then, assets can be distributed to the beneficiaries, either according to the wishes of the testator or according to intestacy laws.

For help with your estate planning contact Townsend Allala Coulter & Kludt in El Paso, TX or Truth or Consequences, NM today.

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Guardianship is a serious matter that involves taking away a certain amount of a person’s independence and agency over their own lives, and the courts in El Paso, TX do not lightly assign guardianship to an older person. But it’s absolutely necessary in some situations, and an elder law lawyer can help you set up a guardian, remove a guardian if it’s inappropriate, or change a guardian if needed.

Setting Up a Guadianship

There are two main types of guardianship. The first is guardianship of the person, and this is most common for those who either have a developmental or intellectual disability and are over 18, or for an elderly person who is experiencing dementia or other issues that make them unable to make good decisions for themselves. Guardianship of the person allows the guardian to make decisions about where the person will live, their healthcare and similar needs, and to manage small estates. If the person in need of guardianship has no more than $20,000 in assets and only gets Social Security benefits, then the guardian of the person is permitted to take care of their finances, though they must send an annual report to the court about the person they are watching over.Guardianship of the estate, or conservatorship, allows the guardian to manage the finances of someone who is unable to do so for whatever reason. Guardianship of the estate requires careful accounting of the ward’s estate and how it’s being managed, and in most cases, the guardian must get the court’s approval for nearly everything. This is essential to protect wards from guardians who may try to take advantage of their condition.To become a guardian, you will need to complete an application, prove that the person really needs a guardian, meet all challenges, talk over the duties with an attorney, pass a background check, and complete an online training course. Then you will need to apply with the court and can only function as a guardian once the judge has signed off on the guardianship. Guardianship has to be renewed each year, and the courts can rescind a guardianship at any time. 

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A will and a living will are two different things, but they’re both important parts of your estate planning. Talk to a wills attorney here in El Paso, TX to make sure your estate has everything it needs to protect you and your beneficiaries.

From an El Paso, TX Wills Attorney: What’s the Difference Between a Will and a Living Will?

A will is something that you write to guide your loved ones and the courts in distributing your assets after you pass away. A living will is a document that you create explaining what type of end-of-life treatment care you want: or do not want. A will controls all of your assets; a living will only speaks to medical intervention when you come to the end of life, if you are unable to make choices for yourself.

Having a living will in place means that your loved ones know exactly what you want to happen towards the end of your life. Not only does this document protect your interests personally, but it also protects your loved ones. It can be so difficult to have to make decisions about end-of-life care for a loved one, but with a living will in place, you’ve already made those decisions for yourself.

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Insights from Townsend Allala Coulter & Kludt in El Paso, TX

Protecting your assets for your loved ones is one of the most important steps you can take. Whether you are concerned about creditors, probate, or potential lawsuits, an estate planning lawyer in El Paso, TX can guide you in creating a living trust that protects what you have worked so hard to build.

If you are ready to explore your options, call Townsend Allala Coulter & Kludt at 915-533-0007 to discuss how a living trust can fit into your overall estate plan.

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When you start preparing your estate plan, it’s important to understand how Texas law affects the decisions you’ll make about property, finances, medical directives, and guardianship. By working with an estate planning attorney in El Paso, TX, you can create a plan that reflects your wishes and meets all the necessary legal requirements.

Estate planning is more than preparing a will. You may benefit from trusts, powers of attorney, transfer-on-death deeds, advance medical directives, and guardianship designations. Texas law allows you to use these instruments to minimize probate, name trusted decision-makers, and prepare for unforeseen events. When you meet with an attorney, you can learn whether a revocable living trust, special needs trust, or irrevocable trust structure suits your financial situation and goals. You can also explore ways to handle digital assets and business succession, which generic forms often ignore. In short, your attorney will start by helping you understand all the options. From there, your attorney can help you:

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Securing long-term care for your elderly loved ones, or for yourself, involves making some important medical and financial decisions. Our team helps individuals and families in El Paso, TX, organize the legal documents required to manage elder care effectively. Texas law provides several legal avenues for quality elder care, and with the help of an elder law attorney, you can navigate this new phase of life knowing your rights and entitlements under state law. 

If you are unable to make your own healthcare decisions, the state of Texas uses the Medical Power of Attorney to name someone who will make health-related decisions on your behalf. In order for this process to work smoothly, you must sign this document while you are still mentally competent. Once your doctor determines that you can no longer communicate informed decisions, your designated agent may step in. The person you name should understand your values and preferences and be willing to speak with doctors and care providers on your behalf.

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Nursing home care is expensive in El Paso, TX, which is why the government helps some seniors cover the cost through its Medicaid program. While this state-administered program ensures that low-income elders receive the care they need, applying and qualifying for coverage requires careful planning. We look at how an experienced Medicaid lawyer can help secure your assets and ensure you qualify for Medicaid.

Medicaid is the federal health insurance program that helps low-income Americans fund medical and long-term care, including skilled nursing care. To qualify for Nursing Home Medicaid, seniors must meet certain financial and medical requirements.

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Probate is the process of legally validating a will after someone has died. If a loved one has passed away, their will should be located and filed with the court to obtain probate. It’s not mandatory to use a probate lawyer in El Paso, TX, but it’s generally advisable. They can help with more complex estates, and, for smaller estates, they can provide advice on different options that might be possible, such as a small estate affidavit.

What Are the Steps to Navigate the Probate Process in El Paso, TX?

1: Locate the Will

The executor should first locate the will. If the will has been updated, it’s important to find the most recent, valid version. The content of any previous wills that have been revoked should be disregarded. Only wills that have been properly executed can proceed through probate. The probate court will deal with any questions over the validity of a will.

2: File the Application

The named executor must file an application with the probate court. This should include details about the deceased, the named executor, and the intended beneficiaries. A copy of the will must also be provided. Applications must usually be made within the same county where the deceased resided.

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The Corporate Transparency Act has been an ongoing saga since it was passed in 2021. The idea behind the CTA was to have business owners report to the federal government on the businesses they owned to try to prevent money laundering. It was difficult to follow, though, and a raft of lawsuits followed. It was blocked by the Courts, then unblocked, then blocked again. People were told to comply starting January 1, 2024, but then told that they did not have to. Finally, the cases have been resolved, and the CTA is in effect.

Anyone who owns at least a 1/3 interest in a business is supposed to report their ownership interest through a beneficial ownership interest form to the US Treasury Department’s Financial Crimes Enforcement Network. The penalties under the Corporate Transparency Act for not filing this report are steep.

On March 2, 2025, the U.S. Treasury Department put out a press release on the BOI reporting. The Treasury Department indicates that it will not enforce any penalties or fines against U.S. citizens or domestic reporting companies or their owners. The rule will still be enforced against foreign reporting companies only.

What does it mean?

For US companies and US citizens, right now, the Treasury Department won’t be enforcing fines or penalties. That announcement may be relied on for now, but it is not law. The Treasury Department can change its mind about narrowing the law and begin to enforce fines if it decides to do so. It’s also complicated for people who own businesses across the border, who may still have to comply or be heavily fined.

If you are a business owner, reach out to a skilled business law attorney at Townsend Allala, Coulter & Kludt, PLLC. Contact us online or give us a call at 915-533-0007 to find out if you need to comply.

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Many people are beginning to see an increase in their Social Security benefits. Rosie. Rosie was a teacher for 20 years. During that time, she paid into the Texas Teachers’ Retirement System (TRS). After that, Rosie became a therapist at a private firm, where she worked for another 20 years. While she was a therapist, Rosie paid into the Social Security Administration (SSA). At retirement, Rosie’s Social Security entitlement should have been $3,000, but she would also be receiving $2,000 from TRS for her years as a teacher. Until the passage of the windfall Elimination Act, Rosie would only have received $1,000 from her Social Security. Her total retirement income would only be $3,000, not the $5,000 she was expecting.

In late 2024, though, congress passed the Windfall Elimination Act. This law stops offsetting the Social Security benefits for Rosie and other people who worked in the public sector. Now, Rosie will receive all $5,000 of her retirement income!

This can be true even for some people who never worked in the private sector. If Rosie had spent her whole 40-year career in teaching, but her husband, Henry, had worked as a therapist his entire career, Rosie could be entitled to draw a spousal benefit from Henry’s work history. If Henry’s Social Security benefit was $4,000, Rosie should have been entitled to $2,000. Before the Windfall Elimination Act, though, Rosie would still have gotten an offset for her $2,000 TRS pension and received nothing. Now, though, Rosie can get both her TRS retirement and the spousal benefit she’s entitled to under Henry’s work history.

If you or your spouse worked in the public sector, like a teacher, the military, or for a city organization, it may be time to reevaluate your retirement benefits. If your Social Security benefits were being offset by that public sector work, check in on your current Social Security status. If you didn’t apply for Social Security because of the offset, it’s important to file now. If you previously filed, be sure that your check is going up. Reach out to the SSA to be sure that you are receiving the full amount you are entitled to! Then, take the time to speak with an attorney about how any changes effect your estate planning and retirement.

Take Control of Your Retirement and Estate Planning

Understanding your Social Security benefits is just one piece of securing your financial future. If you or your spouse have worked in the public sector, recent changes in the law could mean you are entitled to more than you expected. Don’t leave money on the table—ensure your estate plan aligns with your updated retirement income.

The experienced elder law attorneys at Townsend Allala, Coulter & Kludt, PLLC are here to help you navigate these changes and protect your financial future. Contact us online or give us a call at 915-533-0007 today to discuss how these changes impact your estate planning and long-term financial security.

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