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Who Should Be Named the Personal Representative of Your Estate?
Choosing a personal representative for your estate is a big decision and one that should not be taken lightly. Also known as an executor, your representative will be in charge of settling your estate, ensuring that the terms of your will are carried out and distributing property to the beneficiaries you have designated. These tasks […]
How Pour-Over Wills Can Prevent Legacies from Lapses
A pour-over will is the same as any other last will and testament. But there is one major difference — this type of will “pours” your property into a trust that you’ve set up in advance. Upon your death, the assets are distributed to your intended beneficiaries through the trust, not through probate. The usual […]
How to Avoid Probate of Your Estate
Probate is the court process by which property is distributed upon your death, either by will or under state intestacy law. Since probate proceedings can be lengthy and costly for surviving family members, you may wish to take steps to avoid it. In Arizona, there are a few ways you can cause property and assets […]
Dying Without a Will Could Create Problems
Many people assume that they don’t need a will if they have a small estate and/or straightforward intentions regarding the distribution of their assets. They believe that Arizona’s succession laws will distribute assets in more or less the same manner as they would if they wrote a will, so why go through the trouble? Alternatively, […]
Battle Over Disney Family Trust Highlights the Need for Precise Terms
Walt Disney’s grandson, Bradford Lund, has been embroiled in a 15-year probate court battle over trust distributions that he has not received. It has been estimated the amount at stake is approximately $200 million. Even after all this time, conflicts continue over the terms of the trust, Lund’s mental fitness and comments the trial judge […]
Estate Planning Documents Should Be Reviewed Frequently
After going through the process of creating a will and other estate planning documents, many people have tendency to put everything away in a file or safe deposit box and forget about it. Years go by, life changes, people pass away, all while the estate plan gathers dust. As a result, by the time you […]
Using POD and TOD Designations to Keep Assets Out of Probate
Probate is the legal process by which a court decides how your estate will be settled among your creditors, heirs and beneficiaries when you die. Because probate can be long, complicated and costly, many people choose to create estate plans designed to exclude sizable portions of their property from the process. That means putting a […]
Estate Planning for Blended Families
Every family and therefore every estate plan can be considered unique. However, a special set of challenges is presented when children from previous relationships are involved. Wills, trusts and other documents must be highly specific as to how the estate assets are to be managed and distributed. According to data from the Pew Research Center, […]
Avoiding Common Estate Planning Mistakes
A comprehensive estate plan is essential to ensuring that your end-of-life wishes are carried out and that your loved ones are provided for in the way they deserve. The goal of an estate plan is to direct how your assets will be managed and distributed. Investing the time and money necessary to establish an estate […]
What Kinds of Disputes Can Arise Over a Will?
No matter how carefully a will is drafted, disagreements sometimes arise among heirs and others concerning the will’s authenticity or about the proper distribution of the deceased person’s assets. A will contest is a formal challenge lodged during probate court proceedings by an interested party, who under Arizona law may be a beneficiary named in […]