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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. |
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