Glendale Probate Lawyer

Brian G. Winter

Glendale Probate Attorney

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

Brian G. Winter

Glendale Probate Attorney

Glendale Probate Lawyer

Attorney at Law Magazine’s Glendale 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 Glendale Probate Law

Probate law in Glendale 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 Glendale 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 Glendale probate attorney, as they will know the legal ins and outs of the process. Some of the services that a Glendale 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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How We Select A
Local Legal Authority

Contributor to Magazine

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Practice Law for 5+ Years

The attorney must have been licensed to practice law for at least five years and must have maintained an active practice.

What clients in Glendale are saying about
Brian G. Winter

Stewart Law Group
4.9
Based on 21 reviews
Brian did a great job negotiating my settlement. He kept me informed every step of the way. I truly felt he had my best interests in mind throughout this process.
Doug Turner
Doug Turner
09:14 13 Feb 20
Brian and his team were exceptionally caring and responsive in answering my questions and concerns with preparing a will.Well done, team!
Kellie Heath
Kellie Heath
01:31 21 Nov 19
Brian Winter is an incredible attorney who is there every step of the way. My case wasn't simple, but Brian did a great job of communicating with opposing counsel and updating me regularly. My case took a little under a year and a half to finalize but I was able to get everything I wanted. Brian really listened to me, educated me on the process and made all of the legal jargon less intimidating. In the end, we were able to settle out of court but he and his incredible team (Vanessa) were ready to go to court had the negotiations not gone as planned. I am so impressed with Brian that I feel that it would be a disservice if I didn't share with everyone who would listen how great my experience was. He truly is an incredible attorney who has his clients needs as his first priority. He doesn't just tell you what you want to hear, but helps you understand the ins and outs of the legal system and what is fair and reasonable to request. Hopefully, I won't need Brian to represent me again, but if I ever need another family court attorney, I wouldn't use anyone else.
Ronni Cope
Ronni Cope
21:01 27 Feb 19
Mr. Winter and staff at Stewart Law Group were stellar in their assisting me in my very complicated divorce/custody case. In consulting with Mr. Winter regarding my case, which was being dealt with in two states, he provided me with precise legal guidance and overall support.Mr. Winter's level of professionalism and genuine concern for the situation I was facing, afforded me the opportunity to be confident in what needed to happen through each step. He was practical, direct, and precise in his guidance. He was always available to answer/respond to any concern/question I had in a timely manner. I believe Mr. Winter is exceptional in the work he does and services he provides.I would highly recommend him for anyone facing legal matters relating to family law. He and the team at Stewart Law Group are priceless- well worth the time and financial effort!Thank you, Mr. Winter!
Laura
Laura
19:14 25 Oct 18
I am very pleased with the legal representation provided by Brian Winter. He helped me provide security to my children during a very volatile period when my ex-spouse’s stability came into question. He had laser focus towards my issues and I am grateful for his assistance. I highly recommend Brian Winter to anyone that is driven by results, as he will deliver.
Joshua McCombs
Joshua McCombs
00:30 18 Apr 18

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Glendale Probate Lawyer

Brian G. Winter

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