Gilbert Probate Lawyer

Brian G. Winter

Gilbert Probate Attorney

Attorney at Law Magazine’s Gilbert Probate Local Legal Authority.

Brian G. Winter

Gilbert Probate Attorney

Gilbert Probate Lawyer

Attorney at Law Magazine’s Gilbert Probate Local Legal Authority.

About
Brian G. Winter

Attorney Brian G. Winter practices probate law, estate planning, divorce and family law. Three years after joining Stewart Law Group as an associate attorney in 2017, Winter rose to firm partner. Equally skilled in negotiation, mediation, and litigation, he helps his probate clients navigate what are often sensitive, difficult matters.

Winter earned his BA in Government and Politics (1990) from St. John’s University in Queens and his JD (1993) from St. John's University School of Law. In 1994, he was admitted to practice law in New York (registered), Florida (inactive), and Connecticut (active) and US District Court, District of Connecticut.

In 2014, he was licensed in Arizona and became a member of the State Bar of Arizona, Scottsdale Bar Association, and Maricopa County Bar Association (on the MCBA Board of Directors in 2016).  

Because of the importance of ADR in probate proceedings, Winter's extensive background in mediation and collaborative law is of great benefit to clients. Cooperative settlement helps minimize the emotional impact of probate and can save costs by avoiding expensive trial preparation.

In 2010, Winter was certified by the Connecticut judicial branch for assignment as GAL/Attorney for Minor Children. As such, he was directly involved in appointment of guardians and conservators of individuals alleged incompetent or incapable of meeting their own day-to-day needs. GALs in Arizona are also court-appointed. In 2011, he completed 40-hours of mediation training with the Center for Understanding Conflict and advanced training with the Center for Mediation in Law. His keen insight, complex problem-solving, and extensive knowledge of non-litigation dispute resolution is invaluable.

Avvo-rated 10-of-10, Winter has received professional recognition from the:

  • American Institute of Legal Counsel - 10 Best Estate Planning Attorney (2020, 2018, 2017)
  • Lead Counsel - Lead Counsel Rated in Family Law (2015)
  • Lawyers of Distinction - Lawyers of Distinction Award (2017)
  • American Institute of Family Law Attorneys - 10 Best Attorney (2020, 2019)
  • Attorney and Practice Magazine - Top 10 Estate Planning Attorneys (2019)
  • Avvo - 5 Star Clients' Choice Award (2017), Client's Choice Award (2016), and Clients' Choice Award for Divorce (2015)
  • National Academy of Family Law Attorneys - Top Ten Ranking (2016)
  • American Institute of Family Law Attorneys - 10 Best Family Law Attorneys (2016)

Attorney's Latest Articles

About Gilbert Probate Law

Probate law in Gilbert involves the legal process behind properly distributing a deceased person’s estate to his or her heirs. This process generally follows these basic steps:

  • Someone is named as the administrator — also known as the executor — of the estate, either by the deceased person’s will or by court appointment.
  • The court verifies that the deceased person’s will is valid.
  • The deceased person’s property is identified, inventoried, and appraised so that assets may be distributed or sold.
  • Debts or taxes owed by the deceased person are paid.
  • The remaining assets are distributed in accordance with the will, or—in the absence of a will—by Arizona law.

What Does a Gilbert Probate Attorney Do?

If you’ve been named administrator of a loved one’s estate, it is encouraged that you seek advice from an experienced Gilbert probate attorney, as they will know the legal ins and outs of the process. Some of the services that a Gilbert probate lawyer can provide include:

  • Assisting with the sale or distribution of estate property and assets.
  • Obtaining appraisals of estate-owned property.
  • Determining the taxes that are owed on the property.
  • Representing you in court if there should be challenges to the estate brought by beneficiaries.
  • Locating and securing assets that are involved in probate as well as those that aren’t. An example of a non-probate asset would be a life insurance policy.
  • Preparing and filing all documents required by probate court, paying heed to the deadlines involved in these filings.
  • The collection and disbursement of life insurance proceeds.
  • Dealing with the deceased’s retirement plans, such as IRAs and 401(k)s.
  • Advising their client as to any final debts owed by the estate.
  • Settling disputes between administrators and beneficiaries.
  • Re-titling the deceased person’s real estate into the names of the appropriate beneficiaries.
  • Distributing the remainder of the estate to beneficiaries after applicable debts and taxes have been paid.

Frequently Asked Questions About Probate

What happens if there is no will?

If a person dies without a will, his or her assets will be distributed according to Arizona law. The court will appoint an executor of its choice to oversee the distribution of the assets. Individuals can challenge the will, with the court making a decision as to the appropriate beneficiary for each asset.

How long does probate take?

According to information from the American Bar Association, the average estate completes the probate process within six to nine months after the initial filing in court. However, this timeline can grow quite a bit if there are challenges to the will or difficulties locating and appraising property belonging to the estate.

Does all property have to go through probate?

Not necessarily. If property is jointly owned, then ownership will remain with the surviving owner. Additionally, non-probate assets such as the proceeds from a life insurance policy, are payable upon death to the beneficiary specified in the policy.

What does “contesting a will” mean?

It means that you disagree with the dispensation of assets in accordance to the will for a specific legal reason such as incapacity, fraud, undue influence, or duress. Contesting a will is a legal process of its own and one that requires court filings.

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What clients in Gilbert are saying about
Brian G. Winter

Stewart Law Group
5.0
Based on 26 reviews
We needed an attorney for a child custody case. We found Jenny Mihalovich at the Stewart Law Group. Wow! She walked us through the process and what we needed to do. She is amazing. She took great care to listen to our needs and she did what needed to be done! Anytime we had a question she was there with the answer! Would highly recommend her to any dad fighting for custody rights!
Jim Brown
Jim Brown
15:06 18 May 21
Jennifer and Erica were super in handling my case. Navigating through a divorce can be very emotional; they kept me grounded and made sure I knew my rights under the law. Having their client's best interest in mind is something that they always brought to the table in a very professional manner. I would highly recommend Jennifer and Stewart Law Group for a Divorce Case.
David (caveboys213)
David (caveboys213)
02:50 18 May 21
I want to express my deepest gratitude to Stewart law group and Amy Dohrendorf as my attorney. From beginning to end Amy was efficient and got right to the point. I knew I was in great hands with Amy and I am now in a better place mentally and physically as she helped me every step of the way.She was bold, straight to the point and treated me like family. She knew exactly what I needed and when. I am truly grateful for everything Amy and Jackie have done for me over the last year. They are the best!!
alisa tague
alisa tague
04:03 24 Feb 21
Jennifer Mihalovich could not possibly have done a better job with my family case. We had not actually met in person due to COVID-19, but I still felt so close to her and so welcomed by her. Aside from her being friendly and personable, she CLEARLY is one of the most knowledgeable attorneys out there. Erica Iglesias-Diaz also made me feel attended to and taken care of while I was a client with Stewart Law Group. During a stressful time in life, Jenny and Erica made my life so much easier. 20 out of 10, would recommend in a hearbeat.
Kaci Warble
Kaci Warble
22:08 07 Dec 20
Jennifer Mihalovich was an amazing attorney who helped me to no end with my divorce. I'm so thankful for this attorney and the Stewart Law Group. Everyone that helped me was friendly and helpful.They always prepared me for every court case, it was great to be the one prepared. Highly recommend.
Carron Boyd
Carron Boyd
02:53 24 Sep 20
Jennifer Mihalovich is an amazing attorney to work with. Her crew was very responsive, timely and took charge of my situation. I was very happy with the results. I highly recommend her and would use her again if need be. Thanks Jennifer M and may God continue to Bless You.
Angela Chukwudolue
Angela Chukwudolue
04:22 07 Sep 20
Jennifer Mihalovich and Erica Iglesias-Diaz did an amazing job with our case. They were very professional, easy to work with and did a very thorough investigation. Our family could not have been in better hands than these two representatives of Stewart Law Group. We will be recommending them to anyone we come across who is in need of an excellent lawyer.Thank you!
Becky Soter
Becky Soter
17:29 28 Aug 20
Jennifer Mihalovich and the Stewart Law Group were amazing to work with! There was robust communication and they were "cost-conscious", which was refreshing.
Peter Brown
Peter Brown
23:45 25 Aug 20

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Brian G. Winter

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Probate Attorney

Gilbert Probate Lawyer

Brian G. Winter

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(480) 588-2978

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1166 E Warner Rd, Suite 101, Gilbert, Arizona 85296

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