Like many areas of law, estate planning is rife with confusion. And it is often misunderstanding that leads to costly mistakes — mistakes that can produce negative effects now or in the future. However, misconceptions...more
Thinking about your demise and how your estate will be divided up may be the farthest thought from your mind. However, by creating a last will and testament, you ensure your last wishes are heard and carried out. Depending on...more
When someone dies, the probate process begins. Probate typically involves identifying and inventorying the property of the deceased, appraising the property, paying off debts and taxes, distributing the property according to...more
Under Florida law, a creditor cannot file an effective claim against an estate more than 3 months after publication of the Notice to Creditors, UNLESS the creditor is a known or reasonably ascertainable creditor that was not...more
Is a will created on a tablet computer valid? An Ohio judge recently answered that question in the affirmative, but most states have not addressed the issue. As electronic devices become more commonplace, this question will...more
Many people who are named executor in a friend or loved one’s will haven’t served in such a role before and have little basis of knowledge as to what will be expected of them. Clients often ask, “what does the executor do?”...more
We have talked about estate plans as a means to avoid the cost and process of probate. But what does that mean to you?
Probate is the court-supervised process intended to identify and distribute assets and payment of...more
You may have executed a will thinking that dispersing your assets after you are gone will be simple and quick. Your daughter gets the house, your son gets the cars, and the money is dispersed equally according to the will,...more
When people look for a babysitter for their children, it is important to take extra precautions to assure that the person with whom they entrust their kids is well suited for the job. It is also smart to ask those that they...more
So, does per stirpes mean per stirpes? In most cases the answer is yes, however, this is not the case in circumstances in which heirs in the closest degree of kinship are deceased.
This issue arises in jurisdictions...more
In this issue:
- The GRAT: A limited time offer?
- International relations: Estate planning for noncitizens
- Avoid probate to keep your estate private
- Estate Planning Red Flag – You Don’t Have...more
Our Arizona probate attorneys realize that probate is a term that may bring with it fear into the hearts of many family members. Usually, it is because of horror stories they have heard or even experienced themselves with a...more
As Arizona probate attorneys we receive many phone calls from family members, personal representatives, and beneficiaries who do not live in the State of Arizona, but a deceased loved one died here. We are able and willing to...more
You probably don’t want to think about being in a condition that prevents you from making sound decisions about your own health care. However, tragedies can happen in a flash. Maybe you’re involved in an auto accident in Los...more
Effective September 2013, small estates in Arizona will see an increase in the value of assets that may be transferred without requiring a probate of the decedent's estate....more
Old Doctrine Misunderstood, New Doctrine Misconceived: Deconstructing the Newly-Minted Restatement (Third) of Property’s Power of Appointment Sections
In was in the course of preparing the 2013 edition of Loring and...more
Who says trust and estate law isn’t interesting? ...more
A court of appeal recently addressed whether a will was properly admitted to probate. The will contained a regular and complete attestation but only the genuineness of the signature of the decedent and one of the two...more
Litigating disputes in probate matters is just as expensive and time-consuming as litigation in other types of cases. However, because most probate lawyers do not handle contested matters in probate courts on a regular basis,...more
For most individuals - about 99.9% - estate taxes are no longer a concern thanks to the recent "fiscal cliff" legislation. However, that does not mean that estate planning is no longer necessary....more
Notice: Pursuant to Rule 27.1(A) of the Arizona Rules of Probate Procedure, effective September 1, 2012, all non-licensed persons requesting to serve in any court appointed fiduciary capacity must receive training from the...more
Ever since January 1, 2010, when California overhauled the rules governing the enforceability of “no contest” clauses – provisions in testamentary instruments that say anyone who challenges the instrument will be disinherited...more
With the introduction of the American Taxpayer Relief Act of 2012 (Act), the world of estate planning has been injected with a dose of certainty after more than 10 years of uncertainty as to federal estate, gift and...more
Your aunt has just died. She has named you as estate trustee (or executor) of her estate. She has what you would consider to be a modest estate, and you and several other nieces and nephews are the beneficiaries.
Q&A on Estate Planning, Probate, and Business Formations...more