Chandler Estate Planning Lawyer

Chandler Estate Planning Attorney

An estate plan is a set of documents that can determine how your assets are distributed, plan your end-of-life care, and determine other useful things. Contrary to common belief, an estate plan can help many individuals, not just those who are wealthy. Estate planning is important but is only beneficial if the documents are enforceable in court. A Chandler estate planning lawyer can help you make an estate plan that is legally valid and specific to your needs.

An estate plan can adapt to your needs and provides benefits for anyone with any assets or property, and anyone with children or loved ones they wish to provide for. The most basic form of an estate plan is crafting a will, but there are other documents, including trusts, powers of attorney, and living wills. A qualified estate planning attorney can determine what documents are useful for you.

CDM Law Firm: Estate Planning Law Firm in Chandler, AZ

Creating an estate plan is necessary to protect your own well-being and the assets you have accumulated, but there are many other ways an estate plan and the probate process can affect you. At CDM Law Firm, our team helps individuals and couples set up estate plans, update their estate plans, navigate probate and estate administration, and handle will and trust disputes in probate.

C. David Martinez has been practicing law for over 20 years in Arizona and is proud to represent and be involved in this community. He knows the importance of understanding and representing the unique wishes and objectives of each individual client and their estate’s needs.

At CDM Law Firm, we are committed to you. When you need an estate plan or probate representation in Chandler, AZ, we can help.

Trust and Will Packages

Establish a new estate plan or update your existing estate plan. These packets contain the legal structure you need to protect your estate. Packets come standard with power of attorney, living will, and final disposition documents.

By creating a comprehensive estate plan, you can provide protections for yourself, your heirs, and your estate. Even a simple estate plan can give you certainty in the distribution of your assets. It can be helpful to understand what the documents in an estate plan can do for you.

• A Will: A will inventories and lists how you want your assets to be distributed. It also names an executor to represent your estate and can list a guardian for your minor children. A will passes through probate court.
• Trusts: Your estate plan can include one or more trusts which hold and distribute your assets. These trusts can be irrevocable or revocable. A trust keeps assets out of probate court, maintaining privacy for your beneficiaries and your estate. A trust can also name stipulations for a beneficiary to receive the benefits of a trust, such as turning 18 or controlling expenses.
• Advance Medical Directive: Also called a living will, an advance directive states your wishes for medical care in the future if you are incapacitated and cannot make these choices.
• Powers of Attorney: The two main forms of powers of attorney are medical and durable. A medical power of attorney is given authority over your medical decisions if you become incapacitated and may follow instructions left in your living will. A durable power of attorney gives legal power to make financial decisions and payments on your behalf if you are unable to.
• Beneficiary Designations: Some assets, like certain accounts or insurance policies, can be transferred to a beneficiary on your death. These designations should match decisions made in your estate plan.

A well-made estate plan can prevent your loved ones from navigating the long and frustrating process of probate, and lower the likelihood of other disputes between your loved ones.

Estate Administration with a Trust

We help in the administration of trust assets. Whether you simply need clarification of language or full administration of properties, and accounts. It can be overwhelming to administer an estate after losing a loved one. We can provide you with the help you need.

Probate with or without a Will

We are here to guide you through the complicated and sometimes difficult process of probate. Whether your loved one passed with a Will, without a Will, or with an unfunded trust, we can prepare and file all the necessary documentation and manage the process, so you can focus on what really matters, family.

Marital Agreements

Marital agreements enable spouses to make financial decisions regarding assets if they separate or when one of them dies and clarify how their children’s inheritance functions. It might feel stressful to discuss pre-marital or post-marital agreements. Leave the worry behind. Sometimes it’s necessary to clarify assets in or before marriage. We can help make the experience transparent and straightforward.

FAQs

There are a lot of things that go into estate planning and you should always consult a licensed attorney about your specific situation before making decisions that could affect your estate plan.

How Much Does Estate Planning Cost in Arizona?

An estate plan may cost between $1,500 and $5,000 or much more. Estate planning should be completed with a skilled estate planning attorney, or else it’s unlikely to be enforceable. The cost of working with an estate planning attorney relies on many unique factors, including:

• The complexity of your estate
• The number of documents necessary for your estate plan, such as whether you are only creating a will or making a more in-depth estate plan
• The experience of the attorney
• Whether the attorney charges a flat fee or an hourly fee

Does a Spouse Automatically Inherit Everything in Arizona?

A spouse could automatically inherit all your property in Arizona. If you die without a will or other estate plan to explain the distribution of your estate, your estate is subject to the state’s intestate succession laws. If you have a spouse and no descendants from other relationships, your spouse will inherit all your property. This is true whether you and your spouse have descendants together or not.

If you do have descendants from another relationship, your spouse receives half of your separate property and no interest in your half of community property.

Should I Have a Will or a Trust in Arizona?

You may prefer a will or a trust depending on the unique needs of you, your family, and your estate in Arizona.

A will enables you to distribute your assets, name an executor, list guardians for minor children, and state funeral arrangements. However, a will does not keep your estate out of probate court.

A trust lists your wishes for asset distribution and names a trustee. A revocable trust, or living trust, is also modifiable during your lifetime. A trust keeps your assets out of probate court, which saves your loved ones money and time and keeps your estate private.

How Do I Avoid Probate in Arizona?

The most common and effective way to avoid probate in Arizona is through the creation of a revocable living trust. This is a document that places your assets in a legal entity, which means that assets pass to your successor trustee, who becomes the trustee after your death. The state does not gain jurisdiction over assets like the assets listed in a will.

Other options for avoiding probate include joint ownership titling, payable-on-death or transfer-on-death, and listing beneficiaries.

Navigating Your Estate Planning and Administration Needs

If you want to create or update your estate plan or need assistance through administration in or out of probate, the team at CDM Law Firm can help. Contact us today to see how we can address your unique estate planning goals.