Estate (Estate Planning)

Estate Planning Attorney Serving Chandler & Phoenix

Having an estate plan is something that most people want to accomplish, but also tend to put off to a later date. There is no benefit in putting off your estate planning because you don’t know when you will need it. Courts also look favorably on estate plans that have been in existence for a period of time versus recently being drafted. A plan that is executed shortly before a person dies or becomes incapacitated is far more suspicious and subject to challenge, as possibly the product of undue influence or lack of capacity.

If you need help with your estate plan, then our legal team is ready to help. When working with our law firm, you will have an experienced legal team who have over 80+ years of combined probate and estate planning experience. Our team takes pride in taking the stress off of your shoulders and putting it on ours. We offer free consultations to help you determine what your next steps need to be.

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Documents You May Need For Your Estate Plan

Most people assume that they just need a Will when accounting for their estate. There are times that a Living Will may be the perfect solution for you and there are other times where you may need other documents to plan your estate accordingly. Some of the common items that we will evaluate for you and your estate plan are:

  • Last Will or Testament: A legal document which states your final wishes. It is used to provide instructions after you die with regard to the distribution of property subject to probate. (Read More)
  • Trust: A legal relationship whereby property (real or personal, tangible or intangible) is held by one party (the “trustee”) for the benefit of another. (Read More)
  • Durable Power of Attorney: A written authorization given by one person (the “principal”) to another person (the“attorney-in-fact”) to represent or act on the principal’s behalf in private affairs, business, or some other legal matter that remains in effect even if the principal becomes incapacitated. (Read More)
  • Mental Health-Care Power of Attorney: A designation of an agent to make decisions concerning mental health care for the principal in the event a licensed psychiatrist or psychologist determines the principal is incapable of giving informed consent. (Read More)
  • Health-Care Power of Attorney: A particular affidavit which gives the attorney-in-fact the authority to make health-care decisions for the principal, up to and including terminating care and life support. (Read More)
  • Living Will: A particular affidavit which gives the attorney-in-fact the authority to make health-care decisions for the principal, up to and including terminating care and life support. (Read More)
  • Deed: A document used to transfer the legal ownership of land and whatever is on the land to another person.
  • Deed of Trust: A document used to transfer the legal ownership of land to independent trustees to be held until a debt on the land is paid off.
  • Beneficiary Deed: A deed that transfers an interest in real property, including any debt secured by a lien on the property, to a beneficiary designated by the owner that expressly states the deed is effective on the death of the owner. (Read More)
  • Quitclaim Deed: A deed that passes on to the buyer all the rights, or as much of a title, the seller holds.

It is important to understand that an estate plan is not a one size fits all solution. Every person has their own unique circumstances that need to be considered before developing an estate plan. Our legal team provides a free consultation to help you determine what direction you may need to take with your estate plan.

The Estate Administration Process
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1. Initial Meeting

We offer a free 20-minute initial phone consultation to obtain pertinent facts about your case and determine if it is a matter we can assist with. When preparing for an initial phone consultation regarding estate administration, it's helpful to have all the necessary information ready. This includes your relationship to the deceased, the names of any living and deceased relatives, and a copy of the will, if one exists.

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2. Opening Probate

Based on the information you give us, we will determine how best to proceed with your case. If the facts of your case necessitate the filing of a petition or an application with the probate court, and you engage our firm, we will prepare and file that document on your behalf. If the Estate can be administered without the filing of a petition, we will prepare and file the necessary documentation with the court.

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3. Appointment of Personal Representative

After we file the petition, or an application, the Court will determine whether it is appropriate to appoint you (or the person you nominate) as the Personal Representative. If the requested appointment is made, we will move forward to guide the Personal Representative through the steps necessary to administer the Estate.

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4. Legal Notice

With your assistance, we will compile a list of all interested parties, including the Decedent’s heirs and creditors, and provide notice as required by law.

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5. Inventorying Assets

We will provide guidance to help the Personal Representative identify and inventory all assets of the estate. This includes real estate, bank accounts, investments, personal property, and any other assets owned by the Decedent.

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6. Paying Debts and Taxes

After legal notice has been perfected and the Estate assets have been inventoried, we will help you allocate estate funds toward any outstanding debts of the Decedent, including expenses of administration, statutory allowances, funeral expenses, medical bills, creditors, and any taxes owed.

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7. Distributing Assets to Beneficiaries

After expenses of administration, debts and taxes are paid, the remaining assets of the estate can be distributed to the beneficiaries according to the Decedent's will or Arizona’s intestacy laws if there is no will. If there are disagreements among beneficiaries and heirs, we will work with the Personal Representative to resolve those agreements, if possible.

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8. Closing Probate

After all steps of the administration have been completed, we will file documentation to close the case. This typically involves filing documents confirming all necessary steps of administration have been completed, and providing notice to appropriate parties that the estate has been closed.

Legal Disclaimer:

The information provided on this website is for general informational purposes only and is not intended to be legal advice. While we strive to ensure the accuracy and relevance of the content, it should not be relied upon as a substitute for professional legal advice. Each legal matter is unique, and the specific facts of any particular case will impact the overall legal procedure and the advice required. Therefore, we recommend that you consult with a qualified legal professional to obtain advice tailored to your individual circumstances.

Do It Yourself vs Hiring An Estate Planning Legal Team

There are many options online that allow you to use prebuilt estate planning documents for you to do your plan on your own. Although this may seem like a cost effective solution, the ultimate cost of doing this plan on your own will be significant. Every estate plan needs to be designed for the specific individual. A template will result in your wishes being contested after being incapacitated or after passing away. These contested estate cases tend to get ugly and cause a lot of pain to everyone involved. 

Ultimately, you don’t know what you don’t know. Having a conversation with an experienced estate planning attorney will help you determine exactly what your estate plan needs to look like and will take the stress off of your shoulders when it comes to managing your estate. Our legal team offers free consultations to help you start the estate planning process.

Nothing but calming, compassionate, informative, and helpful through the probate process. We are now updating our estate plan and continue to receive their attentiveness and professionalism.
Terry Dobbs
Golden Rule gave us excellent service for an excellent price. Mr. Decker and Justin were knowledgeable and friendly and I'm very glad we went to them.
James Harpole
These lawyers live by the motto of their firm. Their kindness and generosity of spirit gives lawyers the good name that all should strive for.
Tanner Tanner
Attorneys Woods & Decker were professional and compassionate. We were grateful for their quick response and ability to meet with us on short notice. They listened carefully and provided us with sound counsel. We highly recommend their services!
Don Priem
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Contact An Experienced Estate Planning Attorney

At the Golden Rule Law Group®, our team is dedicated to helping and representing you. You will have an experienced legal team who have over 80+ years of combined probate and estate planning experience. Our team takes pride in taking the stress off of your shoulders and putting it on ours.

Our firm primarily serves the areas of Chandler, Gilbert, Phoenix and other areas around Maricopa County. If you are in need of an experienced probate attorney in Arizona, please contact us today to schedule your free case evaluation.

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Legal Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. The Golden Rule Law Group® · Decker & Woods, PC's legal team is licensed to practice law in Arizona. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

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