About Sun City:
Sun City was launched as a retirement community on January 1, 1960. It had five model homes, a shopping center, and a golf course. The opening weekend drew tenfold more attention than they had planned. The city gained a bit of notoriety when a case was decided named Spur Industries v. Del E. Webb Development Co., 494 P.2d 700 (Ariz. 1972). This case is often used in law school classrooms as it discusses nuisance law.
What is Probate?
To go through probate, means to have one's estate distributed at their death. When a will is left, the will takes priority and determines the means of distribution. If no will was left, then the estate will be distributed according to the default rules set by state law. Many try to avoid the process of probate because it does have the ability to become costly and take a rather long amount of time. The minimum amount of time a probate can take is 4 months, because of the mandatory time set to allow creditors notice, but usually a probate takes longer.
How Can I Avoid Probate?
There are several ways to efficiently avoid probate. However one notable method is through executing a revocable living trust. An advantage of a trust over a will is that a trust may hold onto property for a longer duration than a will. A will "speaks upon death" and is limited by definition to the lifetime of its creator. A living trust works as a tool to maintain control over assets and distribution.
It is necessary, however, to still execute a will as a will is just as important as a trust and can act in ways that a trust is incapable of. For example, when nominating a guardian for dependent children, a will is the only instrument that has the power to do so. Keep in mind that a revocable living trust, a will, and power of attorney complement each other and should be used together in estate planning.
Do I Need an Attorney?
One is not legally bound to hire an attorney for probate needs, or avoiding probate. However, it is highly encouraged because an attorney takes the guess work out of the matter. As with most legal matters, probate, and the accompanying documents like wills and trusts, are very easy to make a mistake while executing. That is why hiring an attorney in the beginning is a smart choice. Not only will an attorney protect you from making mistakes, but it will take less time and money in the long run. It always costs far more to fix a problem than to prevent one. Additionally, probate is a very personal and important process. Anything that important deserves the highest care.
Platt & Westby, P.C. are proficient and experienced probate attorneys who have helped thousands over the 40 years they have practiced law. Platt & Westby, P.C. adhere to providing personalized attention to each client and pride themselves on paying close attention to individualized goals. Platt & Westby, P.C. are here for you, call 602-277-4441 for a free and confidential appointment today.
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