Estate planning refers broadly to the legal steps you take to designate what happens to your assets when you pass on. There are different routes you can take to insure your wishes are legally binding — a Trust (Revocable, and Irrevocable), a Will,  possibly Affidavits of Succession, or by using what we call a “contract designation”.  This may include but are not limited to Pay on Death, Beneficiary Designations, or Beneficiary Deed, etc.  Estate planning is necessary while you are alive and competent to sign documents.

In comparison, Probate in Arizona is a Court Proceeding after death.  In Arizona, they are relatively fast, and not that expensive (unlike Illinois or California).  Typically for a married couple, no probate is required  or necessary after one spouse passes – if you plan well.  However, even the best of planning may not get all assets into the Trust.  The Will may be subject to probate to “pour over” the assets into the Trust.  There can be other special circumstances where a probate is helpful and appropriate to advance your best interests.  Your Probate can advise when these might arise.

What Your Estate Planning Lawyer Will Do
In addition to detailing what happens to your assets after death, and who handles those tasks, an estate plan also allows you to make specific orders or directions regarding your own personal needs. You can empower the Attorney- in-Fact to take care of potential admissions to hospitals, nursing homes, and long term care.  It can help manage property and finances.  You can specify funeral instructions, or designate a Health Care Power of Attorney to make your medical decisions if you are incapacitated. 

Additionally, an Estate Plan should take into account any minor children. Who will care for them if you are unable to?  An Estate Planning Lawyer will help you draft the relevant paperwork to address all of these points. They will make sure that nothing ‘slips through the cracks’.

When You Need a Probate Lawyer
The Probate Lawyer is responsible for advising the Personal Representative (the new term for the Executor) of your will — a person you name in the document itself.  your estate Plan should always include a Will, as noted above. This means that when you pass on, it is submitted to the courts for appointing a Personal Representative to transfer property to the heirs – or to the Trust.

The Personal Representative has many tasks, from notifying beneficiaries and heirs, publishing the  Notice to Creditors and mailing that Notice to known creditors, addressing any creditor claims that might arise, obtaining a full list of assets and preparing transfer or distribution of assets to the proper beneficiaries.  They also check that all taxes and debts on the estate are paid. This is when a Probate Lawyer steps in.

A Probate Lawyer will guide the Personal Representative through this process and help them tie up any financial loose ends. This might involve rolling over retirement plans, paying outstanding bills, determining what state taxes may be due on the estate, and protecting the Personal Representative as a fiduciary (someone who handles monies and property for the heirs or beneficiaries). 

Sippel Law Firm PLLC of Kingman, AZ, provides legal guidance in both estate planning and probate law. These professionals know you want to prepare for your future and ensure your loved ones are cared for — and your personal wishes honored. They will work with you to create a tailor-made legal solution that meets your needs. With over 35 years of experience, they have the knowledge you can count on. Visit their website www.sippellawfirm.com or call (928) 753-2889 to schedule a meeting with the lawyer.  “We Listen – We Care”.

Please visit our website or call (928) 753-2889 to schedule a meeting with a lawyer.  “We Listen – We Care”.