About Tempe:
Tempe, Arizona is named after the Vale of Tempe in Greece and it was given this name by Lord Darrell Duppa in 1879. In 1912 Arizona was admitted as the 48th state and since that time the Salt River Valley continued to develop. Since then, Tempe has become a well-populated college town with Arizona State University seated within its borders. Tempe has expanded as a center of education and commerce in its own right.
What is Probate?
Probate is the process of distributing one’s estate, or property, at death. If a will is left, the will determines the means of distributing assets. If no will is left then state law is used as the default process of distribution. It can be beneficial to avoid probate because the process can become time and money intensive. The mandatory minimum time for probate is 4 months, but usually ends up being longer.
How Can I Avoid Probate?
Probate can be avoided several ways. Executing a revocable living trust is one valuable way to effectively avoid the process. A trust allows its creator to retain more control over distribution and the assets than a will does. A trust is also capable of holding onto property for a longer duration than a will. A will is only able to hold onto property for the length of the life of its creator, as a will “speaks upon death.” There is no such time requirement with a trust.
A will is still a necessary and important instrument. It is important to utilize each instrument separately and together to get the full benefit of each instrument. For example, a will is the only instrument where one can nominate a guardian for dependent children. Therefore it is strongly recommended to use a will, a trust and a power of attorney when drawing up your estate plan.
Do I Need an Attorney?
There is no law that demands the use of an attorney for probate needs. However, it is highly recommended because probate, as with most legal matters, is complicated. It is quite easy to make a mistake and that mistake can become its own complicated matter to rectify. Hiring an attorney is an invaluable tool to ensure the proper methods, and timing are strictly adhered to. Not only will an attorney guard against making any mistakes, but hiring an attorney will save you money overall. Remember preventive legal assistance is much less costly than corrective legal assistance. Lastly, probate and its related documents are highly personal affairs. Anything that personal deserves to be paid close attention and given the highest care one can provide.
If care, experience and knowledge are important elements of hiring an attorney then Platt & Westby, P.C. are the attorneys for you. Over the last 40 years Platt & Westby, P.C. have handled thousands of probate matters. Platt & Westby, P.C. believes in providing personalized advice while paying attention to individual goals. Platt & Westby, P.C. is just a phone call away, and happy to sit down with you for a free and confidential appointment: 602-277-4441.
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