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Wills & Probate

Knowledgeable Tucson Estate Planning Attorneys Draft Trusts and Wills and Probate Wills

Arizona estate Planning Probate Lawyers advise and represent Grantors, Administrators and Heirs

For more information about our Wills, Trusts, Probate Litigation Actions, and our Estate Planning services, please visit our main website at www.lawyers-tucson.com

At our firm, our qualified estate planning lawyers know the law and protect your and your loved one’s interests. Our Will Attorneys provide a wide range of services in the drafting and execution of your Wills and Trusts and we do NOT use boiler-plate forms or documents like many other attorneys do. We listen to you and we draft the documents in accordance with your desires and our expertise.  Yes, it will cost you a little more for us to draft your documents, but we will prepared the documents to protect you, to0 meet your and your families needs, and to ensure that the documents we draft will sustain any litigation process.  Our attorneys can also assist you in drafting amendments and codicils to Wills and Trusts that are already created and we can re-draft a Will or Trust that was not properly drafted or executed.  In addition to this, our attorneys can assist you in the revocation of an estate planning document and in litigating a probate matter or the death of a loved one’s estate.

Our skilled Estate Planning Attorneys will provide the administrator of an estate with reliable guidance and representation.  We are experienced in litigating Will and Trust issues such as signature issues, witness issues, drafting issues, validity issues, undue influence, capacity issues, etc. and we are experienced in litigation and can litigate these matters before the Probate court.

Similarly, if we work with and draft the Will or Trust, it gives us the keen insight as to what the grantor intended and we will then assist the loved ones in ensuring the probate of the Will or distribution of the property in the Trust goes smoothly and in accordance with the decedent’s desires and intentions. Whether you are a testator formulating an estate plan or an administrator implementing a decedent’s wishes, our firm can simplify the many complex aspects of these tasks and we will be there to help you every step of the way. We will offer pertinent and personal legal advice to you and we will offer you specialized options that will help you obtain the results that you want.  We will also draft your estate planning documents, wills and trusts, in a timely manner and with the least amount of stress possible, to you and your loved ones.

Executing a valid and effective will

Signing a Will is an easy process and executing an effective Will takes a bit more work. And the Probate process takes MORE work.

A Probate court Judge will ONLY approve a Will if it finds that: 1) the Will that was executed by the decedent was valid; 2) it was actually the decedent’s signature on the Will; 3) the signature and the drafting of the Will was done so intentionally and freely by the person signing the Will; 4) the person was of sound mind at the time the Will was signed; 5) it was written in clear, unambiguous language; 6) it was signed and witnessed legally, etc.  and that is really the easy part.

To be an effective Will, your Will must be comprehensive, covering the full range of your worldly possessions and your deepest concerns, and contemplating various contingencies and include your possible heirs and statements for those that you do not intend to inherit.  The attorneys at our firm will work closely with you to memorialize your intentions and desires completely and they will ensure that the drafting instructs the court and the administrator as to what your intentions we and to ensure that your wishes and desires are carried out in the most efficient manner possible.

Once your Will is executed, your Will remains your final statement of your intentions until you amend or revoke it.  Your original Will can stay with you and be placed in a safe, be kept at our firm in our firm’s safe, or go to a responsible party that you choose and who will protect it.  Copies will be kept at our firm as well as sent home with you. We recommend that you review your Will every three to five years and update it to reflect your current wishes and desires.

Probate Attorneys guide Administrators through every step of the Probate litigation process

Most Administrators have never probated a Will; and many are surprised at the complexity of the process not to mention learning that the decedent’s named them as the responsible party to be the Administrator  of their Will. If you chose to accept the assignment as Administrator, our firm can be retained to assist you in the probating of the Will.  If you choose to pass on the assignment, the next administrator in line will be given the opportunity to Probate the Will and our firm can also be retained to assist that person through the Probate process.

Our estate planning, Wills and Trusts and Probate lawyers provide indispensable services and through the probate court process, including:

  • Drafting the pleadings and filing the Will with the proper Probate court
  • Obtaining orders from the court for you to properly administer the estate
  • Developing the best strategy for fairly and expeditiously settling the estate
  • Finding and assembling the estate’s remaining assets
  • Identifying and notifying the debtors of the estate
  • Preparing the assets and debts inventory and necessary pleadings
  • Paying the creditors and claimants
  • Collecting amounts owed to the estate
  • Identifying and litigating matters on behalf of the estate
  • Assisting in Closing and opening bank accounts
  • Transferring assets from the deceased to the estate
  • Paying current and delinquent taxes as well as estate taxes
  • Valuing, managing, preserving and liquidating the estate
  • Locating beneficiaries
  • Hiring experts, when appropriate
  • Closing the estate and attending the closing hearing

Administrators can easily make mistakes due to their inexperience, the stress involved, the complex court process and requirements, and by making hasty or emotional or influenced decisions. Mistakes like these can be costly, and you can be held personally liable as the administrator of an estate and if any of the beneficiaries’ incur damages or loss due to your mistake. That is why, if at all possible, you should have an experienced attorney give you advice and assist you throughout the entire probate process and until the estate is closed.  Our attorneys will guide you through every step of the Probate process, with reliable, detailed advice, so you can settle the testator’s estate as efficiently and quickly, as possible.

Capable management of probate disputes

In the event there is a Will or Probate dispute, Although most Wills and the Probating of the Will will be straightforward, there are sometimes when a Will or a Probate disputes takes place between disappointed beneficiary and or the the Will’s Administrator.  if this happens and when representing the administrator or a beneficiary in dispute, our attorneys will act professionally and we will demonstrate the utmost professionalism in negotiations with the parties and in the courtroom.  Whether the issue is a Will challenge or an accusation of mismanagement of estate assets, our attorneys will advocate vigorously for the testator’s desires and wishes and on behalf of the estate and the executor.

Contact our experienced and knowledgeable Wills, Trusts and Probate lawyers

Our firm provides Will, Trust and Probate court services in Tucson and throughout Arizona. Call us at 520-202-0391 or contact us online to schedule a consultation.

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