Preparing for the Unexpected…and the Eventual

December 14, 2020Estate Planning, Legal Education

The world is an unusual place. Things you’d never expect to happen sometimes actually do happen. There are natural disasters and unusual phenomenon. It’s important to prepare, not just for the unexpected but the eventual, as well. Read on to learn more.

Author
Recent Posts

Allison Manning

Latest posts by Allison Manning (see all)

Updating Your Plan: Beneficiary Designations - February 1, 2021
Updating Your Plan: Powers of Attorney - January 18, 2021
How Will You Pay for Long-Term Care? - December 28, 2020

In this day and age it is very rewarding and comforting to make a major decision for the long-term security of your family. Over 14 years ago we decided upon the Kinghorn Heritage Family to create our family trust. Through the years it became very evident that this decision was a major and necessary step for a secure future in an ever-changing legal climate. The Kinghorn Family has been a close friend that has always been there to serve our family.

Gary and Velma T. Client Review September 8, 2020

We appreciate the programs presented that keep us informed and updated in today’s internet and financial world. It is a comfort to know that you are only a phone call away if questions arise.

Robert and JoAnn H. Client Review September 8, 2020

We enjoyed meeting all the behind-the-scenes people on your team and want to thank you for the peace of mind you’ve given us and our children.

M.D. Client Reveiw September 8, 2020

What an amazing law firm, where the people I refer to them are handled as good friends, family, and confidantes.

Eileen E. Client Review September 8, 2020

Thank you Allison and Kinghorn Law family for everything you have done to make our end-of-life decisions a reality and stress free. When we think of Kinghorn: trust, peace of mind, professional. Outstanding Law Firm!

Ken and Cheryl V. Client Review September 8, 2020

Very satisfied with your company and staff.

Robert and Britt O. Client Review September 8, 2020

The probate process is a process that happens after virtually every death. While the probate process is supposed to be a good thing by providing a chance to wind up the affairs of the estate in an orderly fashion, the reality is there are downsides to the probate process. If your loved one has passed away, there is a good chance you will have no choice but to deal with the probate process and all of its downsides. Kinghorn Law provides assistance with the probate process to families and friends who must go through this confusing and lengthy legal proceeding following the death of a loved one. Our Tucson attorneys help executors fulfill their role during probate, assist in estate planning to avoid probate, and provide representation to those who wish to contest a will during the probate process. Give us a call at (520) 529-4000 to talk with a Tucson probate lawyer for personalized advice and to get answers to questions you may have including:

What is the probate process?

Who should have a probate lawyer during the probate process?

How can a Tuscon probate lawyer help you?

What is the Probate Process?
The probate process takes place in probate court following a death. It is a process during which the affairs of a deceased person (decedent) are settled. The process is also used to make certain the wishes of the deceased are respected and to ensure that claims are made and taxes paid. Finally, it is a process used to ensure that appropriate people inherit and to facilitate the actual change in formal ownership which must occur following a death. During the probate process, there are many different things which must occur. An accounting of all of the assets in the probate estate is necessary to determine what the deceased owned which must be passed on. An assessment is made regarding whether there is a valid will. If there is no will, a determination is made on who will inherit according to Arizona intestacy law. Creditors also get a chance to assert their claim on estate assets, and those who do not believe the will is an accurate reflection of the wishes of the deceased are given a chance to have their say. Unfortunately, the probate process is going to be a complicated, costly, and lengthy process after most deaths. The process can stretch on for several months, leaving heirs or beneficiaries waiting for an inheritance. Strict rules apply to when and how paperwork must be submitted to the court and submitted to taxing authorities during the probate process. All of this can be very overwhelming for families, which is why some people to facilitate asset transfers outside of probate by making an estate plan. If the probate process does have to occur following a death, an experienced estate planning lawyer should be involved.
Who Should Have a Probate Lawyer During the Probate Process?
The person who has the most responsibility during the probate process is called the executor of an estate. The executor has something called a fiduciary duty, which is the highest duty that one person can owe another. It is the same duty lawyers owe to clients. Executors are named in the will and appointed by the court, and have to oversee and manage every aspect of the probate process. They have to do things like take care of the decedent's property, file for probate with the court, and determine what claims against the estate are valid. Due to the myriad complex responsibilities an executor has, an executor of an estate should consult with an experienced attorney as soon as possible after discovering they have been named as an executor. Heirs or beneficiaries don't have as many formal responsibilities during the probate process, but it is their inheritance on the line so it makes a lot of sense for them to try to secure legal representation as well. Finally, for any individual who wishes to contest a will, having an experienced attorney is absolutely essential to understand how to do this process.
How can a Tucson Probate Lawyer Help You?
Kinghorn Law provides representation to the executor of an estate, as well as to heirs or beneficiaries who are going through the probate process. We also provide representation during will contests. Give us a call at (520) 529-4000 or contact us online to speak with a Tucson probate lawyer to find out more about how we can help you.

Chandler V. Client Review September 8, 2020

Estate Planning attorneys are sometimes criticized for offering needlessly complex, 'canned' solutions. This never has been the case with Kevin. The documents he created were comprehensive when appropriate and surprisingly simple when suitable. In every case, they were individually crafted to meet our unique needs.

Rich D. Client Review September 8, 2020

<< Prev

Next >>

What is the Probate Process?

Who Should Have a Probate Lawyer During the Probate Process?

How can a Tucson Probate Lawyer Help You?

Footer

Connect with Us