Genus Law offers a range of will and Estate Planning services to meet your exact needs. Our probate attorneys will take the time to listen to your concerns and wishes and tailor a strategy to meet them. Whether you are fighting against the terms of a trust or will or you are defending yourself from greedy or grieving family members, Genus Law can help. Call (505) 317-4455, fill out a contact form or chat with a live representative to set up your consultation with Albuquerque’s best wills and estate planning attorneys. 

 

Wills, Estate Planning, and Probate

 

Do I Need An Estate Plan?

 

An Estate Plan is a way for you to layout how you want your assets to be distributed or handled in the event of your incapacitation or death. A lot of us are familiar with a Will, a Will can be a part of an Estate Plan. It will designate if you have a beneficiary, which is who will decide where the property should go. There are various reasons to create an Estate Plan including, avoiding the Probate process, reduced taxes, protecting your beneficiaries, and protecting your assets, to name a few. Establishing an Estate Plan allows you to make your own decisions about your future and the future of your loved ones. It is important to note that you should always have a Will or Trust set up as part of your Estate Plan. 

 

Do I Need A Lawyer For A Will?

 

When planning in case of an unfortunate event, creating a Will is a great way to go to assure your assets will be handled in the way you want. To establish a Will, you need to have forms notarized and have witnesses present. Although some Wills are fairly simple to complete, others can be highly complex and require deep-rooted knowledge of New Mexico’s Uniform Probate Code and Uniform Trust Code. That is why having the help of a professional can ensure that the documents are done correctly and will be ready to go once needed. 

 

What is Probate?

 

Probate is the legal process of administrating the estate of a deceased person so that the assets of the estate are properly distributed, either the way that the deceased person has provided for in their Will or Trust, or if the deceased person did not have a Will or Trust, according to the laws of New Mexico. The process can be complicated, especially if there is not a Will in place, or if the Will or Trust is contested. 

 

Common Probate, Trust, and Will Issues

 

Trust and Probate Litigation- Our probate and trust lawyers help New Mexicans when their loved ones have been taken advantage of or have been unduly influenced. We also help defend those who have been falsely accused of doing so.

Estate Planning- The creation of wills, trusts, living wills, advanced directives, and powers of attorney are tools we commonly use to protect your interests and legacy. We can help you designate the people you trust to make important decisions, protect your interests, and make sure your wishes are carried out. 

Guardianship and Conservatorships- We help New Mexicans with adult guardianship and conservatorships. We can help with both contested and noncontested cases.

Probate and Trust Administration- We guide executors and trustees through the complexities of the probate and estate administration process to ensure that the terms and spirit of the will or trust are respected. 

Lack of Capacity Claims- We can help if your loved one did not understand the will or trust agreement they signed. We can also ensure your rights and assets are protected.

General Probate Administration- Anyone who has experienced it knows probate can be a long, emotional, and complex process. Our New Mexico probate lawyers have the experience and knowledge to guide you through the probate process so you can deal with your executor duties in the most effective and least stressful way.

 

What is a Trust?

 

Contrary to popular belief, Trusts are not just for millionaires or business owners with large estates. Anyone can establish a Trust and typically the process for establishing a Trust is much simpler than that of establishing a Will. Trusts can be established during your life or can be established at death as part of your Will. To avoid probate, you would establish a Trust during your life so that the Trust would govern your assets at the time of your death, rather than requiring Probate. A Trust can guard your assets and govern how they are used when you are no longer able to do so. Additionally, a Trust can fund your retirement plans and expenses according to your wishes even while you are still alive. There are a variety of factors that can determine what type of trust will work best for you. Many of these factors are dependent on your heirs and your financial situation as well.

 

How an Albuquerque Estate Planning Lawyer Can Help

 

When it comes down to it, securing your future and the future of your family is a critical concern that you should be prepared for. Whether you are looking to establish an Estate Plan, a Will, a Trust, are involved in a Probate Case, or a combination of some of these, it is best to seek out the help of a professional. By speaking to a licensed New Mexico attorney you will receive a better insight into what to expect if you are planning to go through with an Estate Plan, Will, Trust, or Probate case. At Genus Law Group, our experienced Estate Planning lawyers can help you at any stage of your planning process. Contact us at 505.317.4455 or reach us anytime by talking to an online representative. Additionally, if you are in need of assistance with a family law case such as divorce, custody, child support, or guardianship, feel free to view our article library, FAQ, free offers, video, and blog sections on our website.

 

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Anthony Spratley
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Experienced Divorce, Child Custody, and Guardianship Lawyer Serving Albuquerque and Beyond