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Probate and Trust Administration
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How Do I Administer a Trust?

So, you just found out that you are the trustee of your relative’s trust. What do you do? This blog gives an overview of the steps that a trustee needs to take to administer a trust after the settlor (i.e., creator of the trust) passes away. In general, a trust administration is the orderly administration Read More

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What Happens to My “Digital Assets” If Something Happens to Me?

In the last 20 years, the concept of “digital assets” has emerged as our world has been taken over by the likes of web domains, e-mails, Facebook, and Twitter. The term “digital assets” can include many different things: your ownership and intellectual property rights in social media accounts, your access to online bill payments or Read More

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How Long Does Probate Take?

After a loved one dies, family members often ask: “How long does probate take?” In general, provided that there are no difficult parties, no difficult assets, and no other complications, a probate case will take approximately 6 to 12 months to administer from start to finish. After the appointment of the personal representative, there are Read More

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What Am I Supposed To Do as the Trustee of a Trust?

After someone passes away, there are several things that a trustee needs to do to make sure that a trust is administered properly. In order that the successor trustee doesn’t miss any steps, I always recommend seeking the advice of an experience attorney to assist them in the process. In addition, I recommend that successor Read More

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Are There Different Types of Probate?

After a loved one dies, the biggest question that the family has is: “Do we need to go through a probate?” This leads to the next question, which is: “Are there different types of probate?” In Arizona, there are essentially three different ways of administering an estate: (1) small estate affidavit for small estates; (2) Read More

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Is Probate Ever a Good Thing?

As most of you already know, generally speaking, I recommend that my clients draft their estate planning documents to avoid probate after a loved one has passed away. With proper planning, it is possible to draft documents that will allow you and your family to avoid probate in almost every situation. As I have stated Read More

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My Trustee is Out of Control. What Do I Do?

Your mom, the surviving parent, passes away, and one of your siblings or another relative becomes the successor trustee under mom and dad’s trust. Then, several months go by, and you, a beneficiary of your parents’ trust, get absolutely no notices, and you suspect that something is wrong. Moreover, you have requested information from the Read More

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Does Probate Mean Going to Court?

When most people think of probate, they think of proving up a Will by going to Court, but they have no idea how that happens. Although different states have different statutes for dealing with probates in their state, in Arizona, there are essentially two different ways to administer a Will in probate, either formally or Read More

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Protecting Yourself When You’re Taking Care of Mom or Dad

It seems like more and more families I know have one of their family members (usually a parent) struggling with Alzheimer’s or dementia. And when one family member is struggling with this disease, then typically the whole family is too. In this situation, lots of issues need to be addressed. Who should be the caregiver? Read More

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What Does Portability Have To Do With My Estate?

When I mention the word “portability” to most of my clients, they look at me with glazed eyes and often ask whether it has anything to do with the cleanliness of the tap water. The 2010 Tax Act and the 2012 Tax Act dramatically changed the dynamics of estate tax planning for the vast majority Read More

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