Probate Lawyer in Albuquerque
Estate Planning Services Backed by 75+ Years’ Experience
If you are grieving the loss of a loved one, you deserve representation from an attorney who will treat you with the utmost respect and sensitivity. Furthermore, you deserve top-tier legal services that will support your best interests and ensure your loved one’s final wishes are properly carried out.
At The Threet Law Firm, we want to provide the support you need when you need it most. Since 1944, our law firm has assisted individuals and families with life’s most challenging events, helping them navigate the legal system with confidence and peace of mind. Our goal is to handle the complexities of probate procedures so you can take all the time you need to process your loved one’s passing.
What Is Probate?
When a person dies, their estate typically must go through a court proceeding called probate, which passes an estate from the deceased person to other individuals or entities.
The parties involved in probate include:
- The decedent (the deceased person)
- The personal representative (the person who has the legal authority to oversee and administer various probate processes; appointed by the court and often designated by the decedent via their will)
- Devisees (those who inherit the estate according to the decedent’s will)
- Heirs (those who inherit the estate when the decedent died intestate, meaning they did not create a valid will)
A decedent’s estate includes all their possessions, assets, and liabilities (e.g. real estate, bank accounts, insurance policies, furniture, vehicles, artwork, etc.).
To complete the probate process according to the terms of the decedent’s will, you or another party will need to file the estate in the appropriate probate court within three years of the decedent’s death. Otherwise, it will be considered an intestate estate, and the court will distribute property to the decedent’s heirs according to New Mexico’s intestate succession laws.
How We Can Help You With Probate
Probate is a complex process, and it may involve several obstacles. Generally, our attorney is here to help you fulfill your fiduciary duties if you are the personal representative of the estate.
These personal representative fiduciary duties may include:
- Collecting and appraising assets
- Managing life insurance proceeds
- Paying the decedent’s bills and settling debts
- Completing all probate-related documentation
- Addressing tax concerns
We also assist with contested wills, in which one party challenges the validity of the will for one reason or another.
Our Estate Planning Services
While probate is the legal process involving an estate after a person has passed away, estate planning is a set of processes that a person can implement during their lifetime.
Through estate planning devices like wills, trusts, medical directives, and powers of attorney, you can:
- Minimize estate taxes
- Outline your wishes regarding your estate upon your death
- Outline your wishes regarding your medical treatment if you are incapacitated
- Designate personal representatives and devisees (beneficiaries)
- Ensure your dependents continue to get the care they need after you die
- Designate a legal guardian for your minor children and their estates
- Designate a guardian for yourself and your estate if you become incapacitated
- Potentially avoid probate (depending on the type of trust you create)
- Establish a business succession plan
When you bring your case to The Threet Law Firm, our estate planning attorney can assess your current circumstances and long-term goals to determine which documents you will need. Each estate planning device has different advantages, costs, and requirements, and we can help you navigate these processes to ensure each document is thorough and legally binding.
Track Record of Success
With Clients Through Difficult & Complex Cases
Highly Experienced Litigation Attorney
Free 30-Minute, In-Person Consultation
After Hours & Weekends Available Upon Request
75+ Years of Experience
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