Gilbert Estate Planning Lawyer

Gilbert Estate Planning Attorney

There are rare instances where creating an estate plan by yourself or through online services may be sufficient. However, with matters as potentially complex and consequential as your end-of-life wishes or instructions for your family and property after your death, you don’t want to risk making mistakes. A qualified and experienced Gilbert estate planning lawyer can work with you to ensure all paperwork is legally sound and addresses what matters most to you.

Estate planning is an important legal process that’s often overlooked but can be incredibly useful, especially when you start earlier rather than later. That’s why estate plan lawyers at CDM Law Firm work collaboratively with each client, whether they’re helping to draft a will or assisting a client with administering a loved one’s estate. Our professional estate law attorneys can proficiently prepare and modify documents as well as provide representation during probate.

Do I Need to Create an Estate Plan in Arizona?

An estate plan is a broad term that refers to all legal matters concerning how you want your property handled and by whom in the event you no longer can— whether through your death, illness, infirmity, or other incapacitation. Estate plans can also include marital agreements, such as prenuptials and post-nuptials, which outline how an estate will be divided in the event of a separation or beneficiary designations of bank accounts and other assets if either spouse dies.

Estate plans aren’t just for the rich or old; it’s strongly recommended that the vast majority of adults create, at the very least, a will. There’s no standard or required age for someone to begin their estate plan. As long as you are 18 or older, of sound mind, and voluntarily want to create a will, you can.

You can identify a person of your choosing to carry out the will and manage your estate, outline your assets and how and to whom you’d like them distributed, any preferences for your funeral or burial, and name a guardian for your minor children. All wills must go through probate in court, which can be a potentially costly and time-consuming process. The probate process will verify the will and confirm that a capable personal representative can administer it and settle the estate.

Trusts are a similar estate document that’s private and holds assets that can be distributed privately (avoiding probate) by a person you trust. More comprehensive estate plans may also include additional documents such as:

• Durable Power of Attorney: By creating an estate plan that grants a named individual the durable power of attorney, you are allowing that person to have legal authority to make financial decisions and transactions on your behalf if you are unable to.
• Healthcare Power of Attorney: Also called a Medical Directive in Arizona, this power of attorney grants the named person the ability to make medical decisions on your behalf if you are incapacitated, such as consent to surgery, subverting a living will, and other authorities.
• Living will: Living wills are statements created in advance wherein a person may assert their wishes for medical care or right to die should they fall ill with a terminal illness, including wanting comfort care only or extreme measures to preserve their life.
• DNRs: Do-not-resuscitate directives aren’t for everyone but may be appropriate for those who are already very ill or have a terminal condition. DNRs instruct first responders not to attempt CPR, defibrillation, or other emergency medical services on the individual.

FAQs

How Much Does Estate Planning Cost in Arizona?

The cost of your estate plan in Gilbert, AZ depends on numerous factors, such as the complexity and size of your estate, the number of documents you require, your lawyer’s experience, the cost of operations, and whether they charge hourly or a flat fee. Your resources also play a part in costs; if you have the means to do a comprehensive estate plan all at once, you may save on expenses in the long run as opposed to doing one document at a time.

Am I Legally Required to Create a Will in Arizona?

While you’re not technically required to create a will or estate plan, it’s advised that everyone does so— especially for parents of minor children. After death, whether you have a will or not, your estate is legally required to go through probate.

This is so your property isn’t frozen, inaccessible to loved ones, or subject to creditors. Therefore, it’s beneficial to outline a will that lets the court and your family know what you would like done with your estate.

What Does the Process of Probate Consist of in AZ?

Probate is the process of addressing a person’s will and settling the portion of their estate that the will concerns. Probate begins by locating and verifying the validity of the will before ensuring a competent person is appointed as the personal representative or executor of the estate.

The executor must gather and evaluate all assets, excluding those placed within a trust, settle any liabilities of the estate, and distribute properties to beneficiaries before closing the estate and ending probate.

What Are the Differences Between a Will and Trust in AZ?

Wills and trusts are types of estate planning documents, with the primary difference between the two being that trusts don’t go through probate. Every person should have a will, but not every person may opt to get a trust. If someone has enough assets to place into one or more trusts, this property avoids going through probate and instead can be handled privately out of court by a trustee who administers the assets of the estate that were placed in the trust.

Skilled Lawyers to Help With Your Estate Planning Needs

Contact the team at CDM Law Firm to schedule an initial meeting with a compassionate and focused estate planning attorney about what’s important to you. We can help you get started with an estate plan and assist with adding to or updating your current plan, as well as any estate administration issues for which you may require counsel or representation.