Our Services
Will Preparation
A will is the legal document that establishes your wishes as to the disposition of your property after your death. When a person dies without a will (“intestate”), his or her property is distributed according to a scheme set forth in Arizona law. The statutory scheme may or may not comport with how the deceased person would actually have wished his or her property to be distributed, and the law does not take into account the special needs that may exist among the decedent’s individual family members.

Many people procrastinate in preparing a will because it seems complicated, they are in good health, or the subject of death is not pleasant. Having a properly executed will provides great peace of mind. You can be confident that at your death your family will not have to deal with the confusion and stress that can result when a person dies intestate.

In addition to deciding the disposition of your property, one of the primary reasons to have a valid will is to choose a guardian for your minor child in the event of your death. Parents with minor children should have wills for this reason alone.

Wills can be very simple or quite complex depending on the planning needs of the person writing the will (the “testator”). No matter the type of will, it must be executed in the manner prescribed by law in order to be valid. We can assist you in executing a will that complies with Arizona law and reflects your precise wishes.
 
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Trust Preparation and Administration
A trust is a special legal contract by which property is held by one person (the trustee) at the request of another (the settlor) for the benefit of a third party or parties (the beneficiaries).

There are a number of reasons to execute a trust that takes effect during your lifetime (an “inter vivos” or “living” trust). Among other things, a trust can allow for management of your property in the event of your incapacity, which usually eliminates the need for a conservatorship. A trust can ensure the total avoidance of probate at your death, which means privacy for your family and reduced cost of estate administration. If you own real estate in another state, placing that property into your trust can avoid a costly probate of the property in that state.

A trust also provides flexibility in managing assets for minor children beneficiaries or family members with special needs. A trust can also allow for increased flexibility in your charitable giving.

There are many types of trusts, but every trust must meet certain requirements in order to be valid under Arizona law. We can assist you in creating a trust that meets your family’s precise needs and complies with Arizona law. We also provide counsel to persons who need assistance with an existing trust, as well as trust litigation when conflicts arise. 
 
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Probate Administration
Probate is the process of administering a deceased person’s estate. Depending on the size of the estate and the circumstances, court oversight of the probate may be required. Probate administration includes distributing property to the persons entitled to receive it, and paying the deceased person’s debts and expenses. Probate can involve selling real property, making distributions for homestead allowance and statutory support, collecting widely disbursed assets, and negotiating agreements between heirs and devisees.

The law provides specific rules for administering the estate of a deceased person. There are strict time requirements. We are happy to assist you with your family’s probate administration needs.
 
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Guardianships and Conservatorships
 A guardian is a person appointed by the court who is given care and control over an adult subject person’s medical and personal affairs. This authority can be very broad (authority to make virtually every decision for another person) or limited (e.g. authority to make only certain medical decisions). The court must make a finding by clear and convincing evidence, after notice and an in-court hearing, that the ward lacks the ability to make decisions in his or her best interest due to mental disease or disorder. The proposed ward is appointed his or her own attorney by the court during this process.

A conservator is a person appointed by the court who is given care and control over the adult or minor subject person’s finances. The process for appointment of a conservator is similar to that for appointment of a guardian, and often a guardianship and conservatorship are sought in the same proceeding. Both a guardianship and conservatorship involve ongoing court supervision and interaction.

If you believe that a family member or another person in your life might need a guardian or conservator, we can advise and represent you through this process. We have extensive experience assisting people in this situation, and we can help you before, during, and after the guardianship and/or conservatorship is established.
 
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Estate Planning
Estate planning is the important process of making sure that your final property and health care wishes are honored, and that your loved ones are provided for after you are gone. A comprehensive and properly executed estate plan sets forth the medical care you wish to receive in the event you can not express your wishes, appoints one or more persons to make medical and financial decisions for you in the event you become incapacitated, identifies the family members you wish to receive your property after your death, sets forth your wishes for funeral arrangements, ensures that your property is properly titled and held to allow for easy transfer and minimal taxes upon death, and includes the appropriate legal documents to make all of this happen. We can assist you in deciding whether a will, trust, power of attorney, and/or other combination of estate planning documents is right for you.
 
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Estate Litigation
The need for litigation can arise when family members or interested parties cannot resolve a dispute over a will, trust, or other estate planning document or situation. We offer full litigation representation, from the early stages of a dispute through settlement or trial.
 
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Elder Law Issues
Elder law is the term used for the area of the law dealing with the needs of the elderly or aging population. It includes all of the areas discussed above, in addition to medical cost issues, social security, insurance, and quality of life concerns. You may be concerned that an elderly person in your life is being taken advantage of by an overreaching relative or friend. We can assist you in handling the legal aspects of these situations.
 
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Real Property
Real property is the area of law pertaining to land. Mr. Egbert has 38 years experience practicing real property law in Southern Arizona. He is happy to consult with you regarding most real property questions and will provide the assistance and representation you need to resolve your issue. Mr. Egbert has an extensive background in drafting commercial leases and conducting commercial/business real estate transactions.
 
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Legal Disclaimer: The materials contained at this site have been prepared for informational purposes only and do not constitute legal advice. This information is not intended to create an attorney-client relationship. Please note that an attorney-client relationship, and corresponding confidentiality, does not exist until we have determined that no conflicts of interest exist, have agreed to the representation and have secured a letter of engagement.