What happens if a will cannot be found?

In this blog from US Probate Services, they talk about missing wills.  It's always good to leave a copy of your will  in a safe.   I have clients that give a copy to a family member or friend to keep in their safe.  This is a good idea because of theft or fire as well.  It's always important to speak with your Attorney to ask them, what they recommend.  Missing Wills raise all sorts of … [Read more...]

Estate planning checklist for young folks

The last thing on the minds of young adults heading off to college is drafting a health care proxy and power of attorney. Once they emerge freshly educated four years later, visions of wills and trusts are also unlikely to be on their radar. After all, who thinks about ticking off items on an estate planning checklist while they're still in the throes of figuring out how they're going to pay off … [Read more...]

What if the decedent owned land in more than one state?

The laws of the state in which the deceased was a permanent resident or “domiciliary” govern who would receive all the deceased’s personal property, wherever it was located, and all the deceased’s real property located within the state. Thus probate almost always is undertaken in the home state. If the decedent owned out-of-state real property, the laws of the other state govern who gets it … [Read more...]

Simple Asset Protection Techniques

Many of the traditional forms of estate planning can be used effectively as asset protection techniques. Gifts of property not intended to defraud creditors remove the assets from your estate. If your child owns the farm, it is no longer at risk from your creditors – although your son’s creditors and his spouse may pose a risk. Retirement plans have a considerable amount of asset protection … [Read more...]

What if Someone objects to the Will?

If someone files an objection to the (probate estate) Will, or produces another Will, what is known as a “Will contest” has begun. While Will contests are not that rare, and while few people actually win one, they can be extraordinarily costly and create incredible delays. It is not just anyone that can contest a Will. For example, if you feel your recently deceased next door neighbor’s out of … [Read more...]

Certified Death Certificates, when do you need one?

When do you need a certified death certificate and when do you need a photo copy? A Certified Death Certificate is a legal document that is issued by the State Office of Vital Records in the county in which the death occurred. Certified death certificates are required to take care of final details related to any accounts, insurance policies, to transfer property, and to make official … [Read more...]

What if someone objects to the will?

If someone files an objection to the (probate estate) Will, or produces another Will, what is known as a “Will contest” has begun. While Will contests are not that rare, and while few people actually win one, they can be extraordinarily costly and create incredible delays. It is not just anyone that can contest a Will. For example, if you feel your recently deceased next door neighbor’s out of … [Read more...]

What are the main duties of a personal representative?

The main tasks of a Personal Representative are to: (1) determine if there are any probate assets; (2) identify, gather, and inventory the assets of the deceased; (3) receive payments due the estate, including interest, dividends, and other income (e.g., unpaid salary, vacation pay, and other company benefits); (4) set up a checking account for the estate; (5) figure out who is going to … [Read more...]

2 Bedroom 2 bath in an amazing active 55+ community in the heart of Mesa Arizona

This home features two large bedrooms and two bathrooms, the second of which could easily be converted into a second master suite. The active 55+ community of Fountain of the Sun. This lovely home has real wood cabinetry with newer double paned windows for a more efficient home. Extra space with an air conditioned Arizona room opening to the back yard where you can see some of the golf course. … [Read more...]

Make Sure To Have A C.P.R.E.S Certified Realtor

Probate is an everyday process in our courts and the number of filings grows daily. The disposition of real property is one of the primary actions in most cases. The executors and administrators need to have a resource to assist them in the sale and marketing of the real property in a positive and stress free manner. The courts, as well as the heirs, want to make sure the property is handled with … [Read more...]