Below are 3 Tips that will help you to avoid having your estate tied up in a will contest.

What is a Will Contest?

But before we get into how to avoid one, let us discuss what a will contest is.

A will contest is the legal process by which someone challenges the validity of a will.

To contest a will, the person contesting it must be someone who has an interest, like your spouse or heirs. (However, because state laws vary on who has standing to contest a will, you should consult counsel.) The person contesting the will must have legal grounds for believing that the will is invalid.

For example, perhaps they believe you were not of sound mind when you wrote your will. Or, someone unduly influenced you to leave all your money to your pet instead of your children. Or, the formalities of making the will were not complied with. There are many grounds for contesting a will and each state has its own rules concerning the specific requirements that must be met in order for a will to be valid, which is why it is important to consult competent estate counsel.

Tips for Avoiding a Will Contest.

Because of the undue time and expense that will contests cause (think, litigation; attorney’s fees; emotional drama and trauma) avoiding will contests is paramount. So here are 3 things you can do to ensure as much as you can, that your heirs do not contest your will.

1. Have Your Will Drafted by Competent, Experienced Trusts and Estates Counsel.

To us, this seems obvious. To you, it might appear self-serving. However, the number one thing you can do to avoid will contests or having an invalid will, is to have it properly drafted.

Handwritten wills (holographic wills) are almost always complete disasters and, while not invalid in Arizona, they are in other states. Do-it-yourself will forms and non-attorney drafted wills frequently leave out important aspects and requirements for valid wills and are susceptible to contests. (Keep in mind that non-attorneys cannot give you legal advice that would allow you to avoid making disastrous mistakes with your estate planning.)

2. Talk to Your Beneficiaries About Your Estate Plan.

Once you have an estate plan in place, you should talk to those most concerned in it. No, you don’t have to give them every detail of who you have left what to and why, but you do want to try to head off any problems (will contests) if you can. Often, if people know what to expect ahead of time (say, you have left more money to one child than another because you believe that child needs it more) it can prevent misunderstandings later.

3. Don’t Wait Until it’s Too Late!

Our final tip in this post is that you want to make your estate plan sooner than later. One of the most common grounds for contesting a will is that the testator or testatrix (maker of the will) was not of “sound mind” at the time the will was drafted. You want to make be in good health and not weak or vulnerable to the influence of others (caretakers etc.) when you make your will.

While you cannot control what your heirs will do when you are gone, following these tips will go a long way towards protecting your estate plan from a will contest.

We Are Here For You.  

If you want to avoid a will contest or are ready to get make your estate plan, call us. We are experienced trusts and estates attorneys. We offer free consultations. We have offices in Sedona, Arizona and we serve all of Arizona. Call us at 928-282-1483 or contact us here.  E-mail us or connect with us on Facebook , Twitter or LinkedIn.

Usually when we mention probate, we are talking about how to avoid it.

Today we thought we would give you a peek into the (dreaded) probate process.

What Is Probate?

Probate is the court-supervised process of distributing your assets to your heirs when you die. If you die leaving property (especially real estate) in your name, the only way to transfer ownership of it to your heirs is for a court to order the transfer through the probate process.

If you do not have a will or a trust when you die, then your entire estate will have to go through a formal court-supervised probate process to get distributed. In Arizona, if you have a will when you die, then it is possible to do an informal probate which simplifies the probate process.

What Does the Court Do in Probate?

The probate process usually begins when the deceased’s representative (in Arizona, usually called the “personal representative” elsewhere often called the “executor”) files a petition with the court to have the deceased’s estate administered. The process (which can take a year or longer to complete) ends when the court formally “closes” the estate.

There are a number of steps the court takes to probate an estate. In most states the court will take at least the following steps:

• Proving the validity of the will, if there is one.
• Choosing a personal representative or executor or representative for the estate;
• Totaling up all the assets;
• Paying all estate debts, estate taxes and costs of administration;
• Identifying all heirs or other family members;
• Distributing assets (if any) remaining after administration of the estate to the heirs under the will (if there is one) or under the intestacy statutes.

There may be other things to be done or that the probate court will do, depending on the state and the factual situation of the estate being probated. However, the list above should give you a fair idea of what goes on in the probate court.

Even the most simple and uncontested probate proceedings can take many months to a year to complete. If there are disputes or claims, it can take much longer.

Court procedures involve court costs (filings) and often involve attorneys, and all this leads to legal fees and costs. Which is why we so often talk about how and why to avoid probate.

Talk to an Estate Planning Attorney!

If you have questions about probate or how you can avoid probate, call us. We offer creative solutions to avoiding formal probate even with a simple, affordable will package through our Legacy Estate Planning process. We have offices in Sedona, Arizona. We serve Verde Valley and all of Arizona. We offer free consultations and we can help you with your estate planning needs. E-mail us here or call 928-282-1483 to set up your free appointment or connect with us on Facebook , Twitter or LinkedIn.

One of the main objectives of estate planning is to avoid the time and expense of having your entire estate go through probate.

Passing on Real Property.

Historically, when it came to passing on real property, the only way you could do it was:

• By deed during your lifetime,
• Through your Will after your death, or
• By way a of trust, effective either during your lifetime or after your death.

Each one of these options had its own practical, legal and tax consequences.

Plus, since each person’s Will still has to go through probate —although not the costly and time-consuming process we always try to avoid — leaving property through your Will did not avoid probate.

Then Came Beneficiary Deeds.

To help families receive inherited property faster, in Arizona, where we practice, the  Legislature has passed A.R.S. § 33-405.

Arizona’s Beneficiary Deed Law  allows you to sign and record a deed during your lifetime, that transfers real property to one or more people upon your death—without having to go through probate.

A beneficiary deed can name one or more beneficiaries and can be given to the beneficiary/ies by one owner or multiple owners.

A beneficiary deed can also be used to transfer real property to a trust.

One of the great things about a beneficiary deed is that it does not transfer the property automatically like a normal deed does.

Instead, the property only transfers at your death.

Plus, you can revoke it at any time and do anything you want with the property in the meantime.

Finally, as long as the deed has not been revoked, your beneficiaries will get your property immediately upon your death.

Want to Learn More?

If you would like to learn more about beneficiary deeds or any other trusts and estates tool, contact our experienced trusts and estates attorneys to help you. We offer FREE consultations, and we serve all of Arizona. Our offices are located in beautiful Sedona and we serve Verde Valley as well. We can help you provide and plan for your loved ones. Call us at 928-282-1483 or connect with us on Twitter or LinkedIn, or   contact us here.

February 14 was Valentine’s Day! Just think of it: romance, roses, candlelight dinners… and, of course, chocolate!

What in the world could be better than that?

Only one thing that we can think of… a Revocable Living trust.

What is a Revocable Living Trust?

More commonly called a “Living Trust” (or, sometimes, “inter vivos trust” or “revocable trust”) these trusts are an estate planning tool that we frequently use to avoid the costly and time-consuming snares of probate.

A trust (any trust) is a legal document that authorizes someone to hold and manage assets (property, money, stocks etc.). Depending on what state you are in, the person who creates the trust is called a “declarant,” a “trustor,” a “grantor,” or a “settlor.” The person who manages the trust is called the “trustee.” And the people who benefit from the trust (i.e., the ones who get the money or property or have it managed for their benefit) are called the “beneficiaries.”

As long as the Living Trust is not tax sensitive, the same person can be the trustor, the trustee and the beneficiary of a Living Trust.

What does a Revocable Living Trust Do?

A well-drafted Living Trust can be used to distribute a person’s assets after his (or her) death.

Because assets placed into a Living Trust are in the name of the trust and not the name of the decedent (the person who owns them and then dies), they do not have to go through probate to get distributed the way property left in a Last Will and Testament does. That is a big reason why we love Living Trusts. They help you to avoid the costs and delay of probate.

Another advantage of a Living Trust is that, much like a power of attorney, it can be used to manage a person’s assets if they become incapacitated. This does not mean that you do not need to have other healthcare documents in place, such as a living will and certain powers of attorney, if you have a Living Trust — you do. It just means that if you are the trustee of your Living Trust, we will make sure to name two successor trustees who can manage the trust assets if you should become incapacitated and/or at your passing.

Falling in Love With Revocable Living Trusts?

If you love your family and want to make sure your estate is settled smoothly and your assets are distributed the way you want them to be, call us. We can help you develop a Legacy Estate Plan that meets your needs. Our offices are in Sedona, Arizona but we serve Verde Valley and all of Arizona. We offer free consultations and we can help you with all your estate planning needs. Contact us to set up your free appointment.

When you are browsing through the art galleries in Uptown Sedona, do you ever stop to wonder, if you buy that stunning original artwork, knowing your husband is going to absolutely kill you when he finds out how much it cost, what would happen to it if you die without a will?

It is a question worth thinking about.

The Laws of Intestacy.

If you do not have a will when you die, that is called dying “intestate.”

If you die intestate, any assets that you own alone, in your own name, will pass on to your relatives according to Arizona’s intestate succession laws.

Other assets that you either co-own with your spouse, or are transferrable on death, or are in a trust, or have a beneficiary assigned to them (like an IRA, or 401K, or insurance) are not affected by the intestate laws.

But who gets what of your solely-owned property when you die intestate can get pretty complicated. That is why it is best to consult with experienced trusts and estates attorneys and have a Legacy Estate Plan designed for you, or, at the very least, a will.

Very briefly, how your property is distributed under the intestacy laws depends on whether or not you are married (and/or were married before), have living children, parents, or other close relatives when you die.

Here is something to think about: if you do not already have a will and you have descendants (children, grandchildren, great grandchildren) from a previous marriage, your half of any property that you hold with your current spouse as “community property [property acquired during marriage] with right of survivorship,” will  not go to your children, grandchildren or great grandchildren, but will automatically go to your current spouse.

Also, if you were married before and have stepchildren, even if you love them dearly and want them to get your half of your community property (without survivorship rights) or your separate property, unless you legally adopted them, they cannot inherit from you without a last will and testament that allows for such an inheritance.

These are just two points to think about with regard to intestate succession. There is a lot more to know about intestacy and many more reasons why you do not want to have your estate distributed through the intestate succession laws.

Do you have  Questions? Speak with a Trusts & Estates Attorney!

If you want to make sure your treasured property goes to the ones you love, contact us.

We are experienced trusts and estates attorneys. We offer free consultations and we serve all of Arizona. We can help you provide and plan for your loved ones. Call us at 928-282-1483 or you can reach us by email here.

It cannot be denied that technology pervades our lives. In this era of modern technology, we are more connected than ever to each other—on a global scale — through our smartphones, and the internet. We live much of our lives online: networking with professional contacts, staying in touch with friends on social media, paying our bills…

Largely unheard of ten years ago, this technological revolution of digital assets has changed more than just the way we live. It has changed how we plan for when we die. Digital assets have become an important part of estate planning.

What are Digital Assets?

While there is no one set definition, in general, a digital asset can be said to be something in digital form (picture, video, music, blog post, e-book etc.) that has value — either in and of itself (“intrinsic”) or acquired. Digital assets can be tangible things like:

• smartphones
• computers (laptops, tablets)
• flash drives
• e-book readers
• cameras

Or they can be intangible things like:

• your Facebook, Twitter or LinkedIn accounts,
• webpages
• domain names, and more.

Digital assets have value — both monetary and sentimental.

Digital Planning and Estates.

Many people pay their bills online and store financial records, personal photographs, music and videos in “the cloud.” This fact has created new challenges for families when a loved one becomes incapacitated or dies.

First, each online service provider has its own terms of service. Frequently those terms do not allow a person to transfer their account or password to anyone else. Such restrictions pose challenges for heirs who may want to access the e-mail account of a deceased loved one to retrieve bills or necessary documents.

Second, the federal law creates privacy rights that protect the contents of certain electronic communications and files from disclosure by certain providers of electronic communication services or remote computing services. If the privacy protections of the Stored Communications Act apply, an online account service provider is prohibited from disclosing the contents of certain electronic communications and files unless an exception under the Act is met.

The result of all of this is that it is important for individuals to plan ahead for access to, or disclosure of, their online accounts and digital assets during incapacity or after death. Unless planned for, it is very likely that your digital assets will be terminated or forever lost when you die. Think about it: how would you feel if your thousands of Facebook, Instagram or Flickr pictures or those stored in the cloud were forever lost? Do you mind if your thousands of blogs and articles were lost to your followers?

Digital asset planning addresses the financial and sentimental considerations of your digital assets.

Contact an Estate Planning Attorney Today!

If you want to provide for your digital assets as part of your Legacy Estate Plan, call us. We have offices in Sedona, Arizona. We serve Verde Valley and all of Arizona. We offer free consultations and we can help you with all your estate planning needs. Contact us to set up your free appointment.

When it comes to estate planning matters, you may have heard that it is wise to avoid probate, but you might not really know how or why.

What is Probate?

As you probably know, when you die, your “estate” (money and property) gets divided up and distributed to your surviving family members (your “heirs”). Probate is the court-supervised process of distributing your assets to your heirs when you die. If you die leaving property (especially real estate) in your name, the only way to transfer ownership of it to your heirs is for a court to order the transfer through the probate process.

If you do not have a will or a trust when you die, then your estate will have to go through a formal court-supervised probate process to be distributed. If, however, you do have a will or a trust when you die that appropriately names a surviving personal representative (sometimes known as an “executor”) then your personal representative will distribute your property to your heirs in accordance with your wishes expressed in your will. Fortunately in Arizona, if you do have a will, then we can do what is called an informal probate and it really simplifies the process.

A trust can avoid probate altogether because once you have a trust, all of your assets are then transferred to the trust during your lifetime thereby avoiding the need for a court to do supervises the distribution of those assets. The trust acts as an instructions manual for how to distribute your assets and the trustee has already been granted the authority to carry out that process.

Why Avoid Probate?

There are several reasons why you should avoid probate but one of the major ones is because probate takes all of the decisions out of your hands. The whole purpose of probate is to have the judge confirm that your assets have been properly distributed. In other words, in probate, the judge decides where your property goes and to who, and the judge has the final say. For example, if you have minor children when you die and you don’t have a will naming someone to take care of them, a guardian will be chosen for them through probate.

Another major reason for avoiding probate is the time and cost involved. Because probate involves court procedures and must meet legal requirements of administering a probate estate, even the most simple and uncontested probate proceedings can take many months to a year to complete. If there are disputes or claims, it can take much longer. For example, it was reported a number of years ago that the probate estate for country singer, John Denver took over six (6) years to complete!

Court procedures involve court costs (filings) and often involve attorneys, and all this leads to legal fees and costs. Although it is not required that an attorney represent your estate during probate, because of all the procedural requirements in probate, attorneys are usually recommended in all but the simplest of probate estates. Which means the costs add up quickly.  Compared to the cost of a typical Legacy Estate Plan, provided by our firm, going through probate is far more costly.

Talk to an Estate Planning Attorney!

If you have questions about probate or how you can avoid probate, call us. We offer creative solutions to avoiding formal probate even with a simple, affordable will package through our Legacy Estate Planning process. We have offices in Sedona, Arizona. We serve Verde Valley and all of Arizona. We offer free consultations and we can help you with your estate planning needs. Contact us to set up your free appointment.