Mesa Estate Planning Lawyer

Mesa Estate Planning Attorney

When preparing for the future of your loved ones, having a Mesa estate planning lawyer who understands the full extent of Arizona law is essential. CDM Law Firm provides estate planning legal services to individuals and families throughout Mesa and surrounding areas.

Arizona has specific laws regarding probate procedures. Discussing your unique situation with an experienced lawyer is key to making sure your loved ones don’t face any delays or costs when starting the probate process after you pass.

Components of an Effective Estate Plan

There are several documents that help compose a successful estate plan. These include:

• A will. This document outlines how your property should be distributed after you pass. This can also include naming guardians for minor children.
• A revocable living trust. This allows you to manage your property during your life and set certain conditions for its distribution after death. For example, you can set a rule that a certain family member’s share cannot be distributed until they reach a certain age.Having a legally valid revocable living trust also means that your estate won’t need to go through probate after you pass, making it easier and less costly for your loved ones left behind. The median income per household in Mesa was $79,145 in 2023, making protecting your assets incredibly important.

• Naming a power of attorney. This gives the authority to someone to act on your behalf financially if you’re ever incapacitated. Under R.S. § 14-5501 and A.R.S. § 36-3221, naming a power of attorney must include clear instructions and proper execution. If these documents are not legally compliant, the person chosen to manage affairs may have no legal authority when it matters most. CDM Law Firm prepares enforceable powers of attorney in accordance with Arizona law.
• Health care directives. This includes a living will for your medical choices if you cannot speak for yourself, such as choosing not to be resuscitated. They can also include medical powers of attorney. This names someone to make healthcare decisions on your behalf.

The Two Types of Wills According to Arizona Law

Arizona Revised Statutes Title 14 outlines the state’s full requirements for valid wills and the creation of trusts. In Mesa, these documents must meet state requirements to be legally enforceable by the Maricopa County Superior Court.

Arizona law allows two types of wills:

• A formal will. This document must be signed by you and witnessed by two individuals.
• A holographic will. This doesn’t need any witness signatures, but you must handwrite and sign it. Holographic wills might seem quick and easy; however, it’s very easy to make mistakes, making the will void. Having proper legal counsel during the creation of your will is recommended to avoid mistakes.

Probate Laws in Arizona

Arizona allows certain estates to avoid the probate process. Probate is a court-supervised process that can be lengthy, costly, and stressful for surviving loved ones. Having a clear estate plan in place can help eliminate any disputes among heirs, prevent delays in asset transfers, and ensure that your wishes are respected.

For smaller estates, Arizona offers alternative options to probate. If the deceased’s estate is less than $75,000 in personal property or under $100,000 in real estate, their family may be able to file a “small estate affidavit” with the courts to claim property. With 64.4% of Mesa residents owning homes, this minimum filing number is commonly exceeded.

If probate is required, there are a few different types in Arizona: informal, formal, and supervised. Informal probate is used when there are no arguments over the contents of the deceased’s will. Formal probate is for such arguments or disagreements. Supervised probate is the most court-overseen and is used when the court needs to make sure the deceased’s interests are closely protected.

This process can be strenuous. Having a clearly outlined, legally binding will already in place can help lift that weight off your loved one’s shoulders so they can focus on their well-being while grieving.

FAQs

What Is the Difference Between an Estate Lawyer and an Estate Planner?

An estate planner typically handles financial aspects, helping you develop strategies to manage and transfer wealth, minimize taxes, and achieve personal goals. An estate attorney handles the legal side, like drafting binding documents such as wills, trusts, and powers of attorney, and ensuring your plan complies with state law and is legally enforceable after you pass.

What Are the 7 Steps in the Estate Planning Process?

The seven steps to the estate planning process include:

1. List all your tangible and intangible assets.
2. Hire an attorney to help oversee the estate planning process.
3. Be informed of Arizona tax laws.
4. Write a will while keeping you and your family’s wishes in mind.
5. Set up trusts, medical and financial powers of attorney, and living wills to manage your affairs if incapacitated.
6. Update beneficiary designations regularly.
7. Update your plan as life circumstances change.

How Much Does a Real Estate Attorney Cost in AZ?

The cost for hiring a real estate attorney in Arizona can vary depending on the complexity of your estate plan. For example, if you don’t want to create a trust or assign a power of attorney, services can be less expensive. CDM Law Firm provides free consultations to discuss pricing clearly.

Do You Need a Lawyer for Probate in Arizona?

While Arizona law does not require you to hire a lawyer for probate, legal representation is strongly recommended if the estate is complex, contested, or exceeds the monetary amount for simplified filing. Probate involves multiple court filings, deadlines, and formal notices to creditors and beneficiaries. Errors can result in delays or rejected documents.

Choosing a Trusted Arizona Attorney

The average age of Mesa residents was 38.3 in 2023, making it the perfect age to start estate planning. Thorough estate planning helps to reduce uncertainty and protect your loved ones’ futures. Residents of Mesa and surrounding areas can rely on CDM Law Firm’s knowledge of Arizona estate laws and Maricopa County courthouse procedures. Contact us today to schedule a free consultation to discuss your estate plan needs.