What We Do
The Real Property, Trusts, and Estates Section (RPTE) of the National Bar Association (NBA) takes pride in the work we do. The members of this section share a passion for educating our community and are committed to supporting and assisting you in achieving your goals and interests. We do not treat this work as just another job. We are proud to provide these services to our communities.
Real Property, Trusts, and Estates covers a broad spectrum of legal issues faced by our clients. The following are examples of some of those areas:
Estate Planning and Consulting
Our attorneys provide legal support and guidance to clients, assisting them in their efforts to resolve matters around these two primary questions:
What will happen to your assets and/or children if you die?
If you become incapacitated, who will make decisions for you and what will they decide?
While these questions may be intimidating or otherwise difficult to handle, we will all face them at some point during our lifetimes. It is, therefore, essential that we all take the time to address these questions so that our assets, children, and person (in the event of our own incapacity) will be handled and cared for on our terms.
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Our attorneys, collectively, have years of experience helping clients properly answer these questions according to their wishes and within the scope of the laws local to their area. We help our clients create and maintain comprehensive estate plans, with wills, trusts (revocable, irrevocable, special needs, etc.), powers of attorney, etc., that protect, organize, and properly distribute their estates (property and person) to their chosen beneficiaries.
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Upon the passing of an individual who has created a trust-based estate plan, it is important to ensure that local laws regarding the proper distribution of trust assets are followed. The Successor Trustee of the trust owes a duty to the trust beneficiaries to make sure the trust assets are properly managed and distributed, all according to the written wishes of the settlor/grantor (the individual who established the trust for his/her assets) and within the parameters of the governing law. The Successor Trustee can benefit from securing an experienced trust attorney to provide support in his/her efforts. Similarly, the trust attorney can help a trust beneficiary ensure that his/her/its interest in the trust is managed appropriately. Lastly, debtors or creditors of the trust can hire one of our experienced trust attorneys in addressing collection issues when there is a trust involved.
Probate Law
Our probate attorneys provide legal counsel and representation to individuals, families, and entities facing or considering matters in the probate court system involving deceased individuals, or individuals in need of fiduciary or court support. These matters may include:
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When individuals die leaving assets in their estates or outside of the grasp of heirs or other interested parties, the local probate court will likely be the only resource available to gain proper access to such assets. Our attorneys are trained to help ensure that you approach the probate process correctly.
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When a decedent’s estate proceeding has been established, but your interest in the estate has not been represented or acknowledged sufficiently, it is very important that you pursue your interests timely and in the proper way. Our highly trained and motivated attorneys can assist you in this process.
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Probate Court also deals with matters involving individuals needing someone to handle matters for them while they are alive, but unable to manage them on their own. In the absence of properly drafted powers of attorney, the probate court is available to empower someone with proper authority for financial and/or personal/health matters of an incapacitated individual (including minors).
Real Estate
Real Property is often found to be one of the largest, and most common, assets of many estates. Whether it’s a person’s primary residence, vacation home, or rental/investment property, real property (or real estate) is a common denominator among individuals, families, organizations, or other entities. A well-trained Real Property attorney can assist individuals with real estate interests in many ways, such as:
Real Estate Closings (for buyers, sellers, title companies, realtors, or government entities)
Landlord-Tenant matters (tenant, landlords, homeowners’ associations)
Zoning, land use matters (owners, buyers, municipalities)
Property Transfers (deeds, mineral rights, etc.)
Heir Property disputes or management
Quiet Title actions
Cryptocurrency and the Metaverse
Plus much more!
