Watch the video below as Platt & Westby attorney, Kevin Falvey, discusses Partition Action. The law offers something called a partition action, which can be brought to divide the property into individual shares among the owners, allowing you to move forward with your share independently. A partition, or division, of property can be arranged on a voluntary basis if all owners agree to it.
Probate is the judicial procedure by which a decedent’s estate is handled through the appointment of a Personal Representative (some states use the term “Executor”). As mentioned on our Probate page, a probate is not always required to handle a decedent’s affairs. Many times, the decedent will not leave behind the kinds of property requiring a Probate, or perhaps the decedent utilized a Trust or other estate planning tool that make a Probate unnecessary. However, should you find yourself in…
To give a little background information, a deed is the document you use to officially transfer ownership of real property from one owner to another. There are three types of deeds that are typically used: warranty deeds, special warranty deeds, and quit claim deeds. A warranty deed, sometimes referred to as a general warranty deed, transfers ownership of real property with warranties to the Grantee. This means that the Grantor (the person selling or giving the property to someone else)…
Undue influence occurs when a dominant person, for personal gain, substitutes their will for the will of a dependent and vulnerable person. Money is usually the motive behind this type of abuse. And most commonly this type of abuse occurs with the elderly and disabled. This is because the elderly and disabled are often more dependent upon others for daily care and become susceptible and vulnerable. The relationship is more than just persuasion, it is a psychological control and the…
Platt & Westby Attorney, Peter Westby, discusses Prenuptial Agreements and how they can be most effective. Learn what’s most important when obtaining a prenuptial agreement.
A Living Will is different from a normal Will. A Will is a common estate planning document that controls the distribution of a person’s property after he or she dies. It is not effective until death. A living will, however, is effective during a person’s lifetime and serves a wholly different purpose. Also known as an “advance directive” a living will allows a person, in advance, to give written instructions for medical treatment should he or she become terminally ill…
Platt & Westby attorney, Andy Rahtz, discusses the things you should do before you file a lawsuit, or what we would call Pre-Litigation Due Dilligence.
Much has been written by estate planning attorneys as to how to avoid probate. It is true that drafting of estate planning documents with a goal of probate avoidance is of great value to families. But sometimes a probate is needed or can be useful. Here are a few of the benefits of the probate procedure: The most important benefit is that a probate provides a court supervised procedure. This encourages a timely and more formal administration of the estate.…
A divorce decree that involves minor children must address legal decision-making for those minor children. Arizona defines legal decision-making as: “the legal right and responsibility to make all nonemergency legal decisions for a child including those regarding education, health care, religious training and personal care decisions.” See A.R.S. § 25-401(3) Joint legal decision-making is a common parental authority agreement. A.R.S. § 25-401(2) defines joint legal decision-making as: “both parents share decision-making and neither parent’s rights or responsibilities are superior except…
Patt & Westby attorney, Elizabeth Westby, speaks about hiring an attorney and what the process looks like.
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