The most basic component of an estate plan is a Will, which is essentially a set of instructions for the accumulation and distribution of your assets upon your death. A Trust document, if properly executed, is a legal document that is frequently used in estate planning to protect an individual’s assets from suits, from depletion of assets, and help to expedite the lengthy and expensive probate process.
At the law office of Goldstein & Scopellite, PC, our estate planning lawyers in Tucson can help you build a customized estate plan that will make sure that your individual interests and goals are met and continue on meeting your desires. Estate planning can include drafting and executing a Will, drafting and executing a Trust, drafting and executing Durable Powers of Attorney for property (which cease at the time of death), drafting Durable Powers of Attorney for health care, drafting a Directive to Physicians and drafting other estate planning tools that will carry out your desires. To learn more about what may be best for your family and you in regards to your life and your assets, please contact one of our qualified Tucson Wills lawyers or one of our Tucson estate planning lawyers by calling our firm at 520-365-3185 to set up an initial consultation.
Without a validly drafted and executed Will, your estate could be subject to intestate succession rules which may not distribute your estate in a manner which you desire. In fact, Arizona probate courts in most cases will not accept wills that mix handwritten and typed text, such as store bought or boiler plate Wills where a person adds to the document by handwriting in his or her desires and signing or even notarizing the document. Therefore, your family may be left with intestate distribution even though you thought you left a Will. Let one of our qualified and experienced estate planning attorneys in Tucson ensure that your Will is properly drafted and executed and to ensure that this does not occur.
Our attorneys at Goldstein & Scopellite, PC will be pleased to discuss your desires and work with you one-on-one. We will take the time that is necessary to create a Will and estate plan that will meet your needs, and we won’t give you a “boiler-plate” document that one could buy on the Internet and won’t meet your needs and may not even be enforceable. Keep in mind, in Arizona we do not file Wills or Trusts. Therefore, you may not ever know that your Will or Trust is not enforceable until your loved one(s) tries to enforce it later on. At Goldstein & Scopellite, PC, our lawyers will ensure that this does not happen. We will place an emphasis on personal service, and we will work diligently with you to make sure that we meet your needs in distributing your assets to your loved one(s). We also draft and execute husband and wife Wills and family Trusts. At Goldstein & Scopellite, PC, we make sure that the needs of our valued clients are met. In conjunction with drafting Wills and Trusts, our firm can also assist you in drafting Durable Powers of Attorney, Health Care Powers of Attorney, and Directives to Physicians that clearly define your wishes.
Asset protection is critical in today’s day and age, especially since technology permeates nearly every facet of our lives. One of the best ways to protect your assets today and into the future is through the creation of a Trust; transferring your property into the Trust; and then, managing the Trust properly. A Trust, although complex to begin, can add simplicity to your life and can continue to be a benefit to your loved ones later on. The estate planning attorneys at Goldstein & Scopellite, PC, are very experienced in contracts and the drafting of both revocable and irrevocable Trusts and living Trusts.
When we draft your Trust, we will ask important questions, gather all of your financial and property documents, and then draft your family’s Trust to meet your goals and to make sure that your wealth is protected and the grantor’s intent is carried forward through the Trust instrument. We listen and understand what it is that you want to be done. We will also make sure that your assets that can pass will pass to the appropriate designated heirs and beneficiaries.
If you have property and/or assets that you want to be protected or if you want to make sure that your property or your family’s property is properly transferred and distributed per your desires, the attorneys at Goldstein & Scopellite, PC will ensure that we draft your Will and/or Trust to provide for your loved ones. At Goldstein & Scopellite, PC, our estate planning attorneys will use our knowledge of the estate, contract and property laws to create an estate plan that is designed to pursue your objectives, and if needed, after execution of the Trust, we can also assist you in making sure that your assets are properly transferred into the Trust.
When an individual dies without a Will and more than four years has passed since the person’s death, it may be necessary to file an Affidavit of Heirship to transfer property to heirs. In certain cases, filing an Affidavit of Heirship may be done in lieu of going through the Probate process. If parties fail to file a Probate action in court — which must be done within four years of an individual’s death — they may be able to proceed by filing an Affidavit of Heirship.
Remember: In order to complete the Arizona Probate process after a loved one’s passing, that individual must have either died in the state of Arizona or they must have owned real property in Arizona.
If you would like to speak with an experienced and qualified Will lawyer about a Will or a qualified Trust attorney about a Trust, or if you would like to speak to one of our estate planning lawyers about estate planning services, please contact Goldstein & Scopellite, PC in Tucson, Arizona. We may be reached at 520-365-3185. You may also contact us by email.