The Questions of Estate Planning, Part 6: Why

December 23, 2019Estate Planning, Legal Education

People often have questions about Estate Planning. This is the sixth in a series of articles addressing those questions. This sixth article addresses “why” to do Estate Planning. Read on to learn more.

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Kevin Kinghorn

Kevin Kinghorn has been a practicing attorney in Tucson and southern Arizona since 1993. He has been certified as a Specialist in Estate and Trust Law by the State Bar of Arizona’s Board of Legal Specialization. His practice includes all facets of estate planning including trusts, probate, trust administration, Medicaid and VA planning, and business planning and formation.

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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

What to do when you have lost a loved one
If you have experienced the loss of a loved one, and you need guidance on what to do next, we can help.
If your loved one passed away with no estate plan or a Will
Dying without an estate plan, is called dying intestate. The estate will be subject to state intestacy laws and go through probate court. This means the division and distribution of the estate will be subject to a predetermined formula, usually providing half of the estate to a spouse, and the remaining half allocated in equal portions to the biological children. A Will guarantees death probate. The probate court will take over at the time of death to make sure debts are paid, assets are distributed to heirs, and any loose ends are taken care of. All property that is controlled by the Will must go through the probate court. It is a demanding and challenging job, with many deadlines to be met, most of which are within nine months of the person’s death, the mourning period for the family. Depending on the size of the estate, the complexity of the estate plan and the nature and extent of the assets involved, there may be additional demands placed on the executor.
If your loved one created a Living Trust
Your family will go through a process called Trust Administration. Upon death, the Successor Trustee must take steps to distribute Trust assets to beneficiaries and fulfill any other obligations of the Trust. We serve as counsel to the Trustee and provide assistance with the administrative duties required of the Trustee, and take advantage of any benefits offered by the Trust. When a Trust is not administered properly the Trustee runs the risk of causing the beneficiaries to pay penalties or additional fees. This checklist outlines the steps to take when a loved one passes away with a Trust.
IMPORTANT NOTE:
Do not re-title any assets before speaking with a qualified estate planning attorney. That meeting should take place approximately two weeks after your loved one has passed. If you have questions about any of our services, please do not hesitate to contact us or call us at (520) 529-4000.

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

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What to do when you have lost a loved one

If your loved one passed away with no estate plan or a Will

If your loved one created a Living Trust

IMPORTANT NOTE:

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