With close to three million people dying in the U.S. each year, many families come face to face with the reality of life without their loved one as well as the legal and family struggles that often come with legally distributing their estate. Following the death of a loved one, family members and friends should be focusing on mourning the…
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Starting Probate Without Meeting Your Attorney in Person
If you’re starting the probate process, then the odds are good you have a lot of questions. Those who are new to probate may wonder what steps are involved, how long the process takes to complete, and whether you will be expected to deal with creditors. Additionally, those participating in probate may be concerned about whether they need to meet…
Who Has Power of Attorney After Death if There’s No Will?
If you recently lost a friend or loved one, then you’re probably more focused on grieving your loss than dealing with the estate. However, there are certain legal matters that need to be dealt with, and the situation is more complicated if the deceased neglected to grant someone power of attorney or appoint an estate representative before their passing. At…
What Does a Probate Lawyer Do for You?
Anyone who’s gone through probate knows that it can be slow and stressful. Fortunately, hiring a probate lawyer can help expedite and streamline the process, while ensuring you receive everything that’s due you. From preparing filings to ensuring assets are distributed according to the deceased’s will, a knowledgeable probate attorney can help resolve your family’s estate more efficiently and with…
Can an Estate Be Settled Without Probate in Arizona?
Probate is the court proceeding in which a representative of the deceased is appointed to handle the deceased’s estate. Along with distributing assets, this representative is charged with paying off the estate’s debts. Although probate can be stressful and expensive however, not all estates need to go through this process. If the estate is small enough, probate can often be…
What to Do After a Loved One Dies of Coronavirus in Arizona
We’re all living through an unprecedented time in world history. Since first appearing in China near the end of last year, the COVID-19 outbreak has grown into a global pandemic. As confirmed cases of the virus continue to rise, the once-theoretical mortality rate is becoming a heart-breaking reality for tens of thousands of families. At JacksonWhite Law, our sympathies go…
Establishing a Living Trust is the Best Way to Leave Property Upon Death
In 2017, over 45,000 people died and left their loved ones with the troubling process of distributing their property and assets. Some of those who passed away were lucky enough to have already gone through estate planning and had their affairs in order before they passed, many were not prepared. Even though it is a tough conversation to have and…
How Ancillary Probate Works in Arizona
Ancillary probate is an additional probate process that is required when the deceased owns property or assets in multiple states upon time of death. It is important to note that the ancillary probate laws that apply to real estate property depend on where the estate is located, not where the state where the deceased person died. The most common reason…
Creditors Can Sue an Arizona Estate to Recover Unpaid Bills
Most people have some kind of debt, whether it’s from a credit card, a car loan, or a mortgage. When someone passes on, their estate must pay for those debts if creditors file a claim to get their money. The personal representative (executor) must address beneficiaries’ rights and creditor claims when they administer the estate. According to Arizona law, they…
Buying Probate Property at Less Than Market Value in Arizona
Buying probate property is very different from buying traditional real estate. Probate properties typically belong to a deceased person’s estate and tend to be sold for less than market value. Since probate property is considered an asset, it must go through probate court along with other items left behind by the decedent. While any asset from an estate (like collectibles,…