BEST COCHISE COUNTY PROBATE LAW FIRM

Probate Attorney COCHISE County, Arizona

What is Probate and How Can You Avoid It?

We understand the probate legal and administrative headaches you might face during such a difficult time. We also know it’s often difficult to find attorneys experienced in Trust and estates with proven litigation skills. So let’s go over a few crucial facts and best practices to ensure you get experienced legal counsel and avoid legal complications.

What does a probate lawyer do

First of all, Probate is a court-supervised procedure that can take several months to several years, depending on multiple complex factors.

For an uncontested probate proceeding, it can be between 10 months to 18 months. For contested, i.e., probate litigation, it can take years.

Now, a Probate attorney can guide you through the judicial process. The decedent’s estate is valued, beneficiaries are determined, and executor in charge of the estate is declared.

Our probate litigation attorneys are well versed in helping mitigate loss, ensuring a cost-effective and smooth process.

Need immediate assistance, feel free to call us now at 888-318-4430.

In Arizona, below are the top 4 reasons the court will oversee estate cases:

A Valid Will: The decedent’s valid Will, managed by the probate judge and the court of decedent’s jurisdiction.

1. The dependent passed intestate (without a Will)
2. A challenged Trust: The reviewing of the tested Trust as to the validity, capacity, fraud, or undue influence.
3. A Trust is unfunded, and property remains outside of the Trust’s intended protection from the probate process.

Moreover, the probate court will look to certify the executor designated in the decedent’s estate plan or may appoint another 3rd party administrator under certain circumstances.

Need a Second Opinion?

There are times when you need a second opinion from another attorney. We can confidentially evaluate what the problems and solutions are for your case. Our probate attorney will tell you the truth about what the source is of your delays, questions, or increased expense.

If you are currently in litigation, consider the following:

• Why is this taking so long?
• Is it your lawyer?
• Do you wish your attorney was more like your opposing counsel?
• Why is this costing so much?
• When will this be over?
• When should you settle and for how much?

If you have questions that your attorney is not answering, or the litigation has taken unexpected twists and turns, you should seek a second opinion.

What is the cost of a second opinion?

Contact us today for an initial consultation.

To discuss your situation, to meet with us, or to get your questions answered, please call our office to schedule an appointment.

Servicing Arizona Probate Clients

PROBATE ATTORNEY NEAR ME

Many people believe to search for “Probate attorney near me” is ok but that may be a downfall. You see, there are dozens of estate planning attorneys in Cochise County, and they do quite well in their endeavors. But probate is an entirely different situation, especially when a beneficiary may be contesting the will.

What Are Assets Not Part of Probate?

Now the good news is that not all the assets that are left behind need to go through Probate. In some cases, the heirs will receive assets without the probate process.

So what assets are subject to Probate?

Assets owned solely in the name of the deceased person are subject to Probate. The courts will review that the Will is valid and will administer the estate in the wishes of the passed loved one.

So what assets typically don’t have to go through Probate?

Here is a short list:

• Retirement accounts – IRA’s or 401K’s, for example, naming the beneficiary.
• Life Insurance proceeds.
• A living trust manages the property.
• POD: in a bank account that funds in Payable-on-death.
• Property held in joint tenancy with rights of survivorship
• Household goods, etc..

With that said, there are more, but it’s best to speak to an Arizona probate attorney who can guide you through this complex probate litigation process.

Probate Lawyer – Cochise County – Hess Verdon

As a probate law firm, Hess-Verdon & Associates has helped thousands throughout our tenure.

Now, every estate and Will is different. What varies is the instructions left in the Will and the creditors, assets, and beneficiaries the estate has. We recommend setting up a meeting with one of our probate lawyers for a consultation.

Examples of trust and probate litigation cases:

• Will contests
• Defending Trustees
• Actions to remove trustees who fail to fulfill their obligations or breach their fiduciary duties to the beneficiaries
• Disputes over Distribution of Inheritance
• Trustee Accountings
• Spousal property characterization proceedings
• Elder financial abuse claims

What happens if there is no Will? 

Well, you can’t grant Probate if there is no Will, but you can still administer the estate and distribute the inheritance through a slightly different process. The process is called rules of intestacy succession.

Why Consider hiring Hess-Verdon Probate litigation attorneys

We work efficiently to help individuals, families, fiduciaries, organization with the following:

• Trustees
• Beneficiaries
• Individuals and families
• Banks
• Trust Companies
• Charitable entities
• Family Offices
• Corporate Fiduciaries
• Corporate Trustees
• Business Owners

Here at Hess-Verdon, we counsel clients on various aspects of estate disputes. Such as investigating potential claims, evaluating the merits of bringing a claim, filing or defending a claim, and when necessary litigating a claim through trial or settlement.

With our expert team of trust litigators, in many instances, we can settle such proceedings without going to trial after taking into account the merits of the positions advanced by the respective parties and the tax rules applicable.

Rest assured, the Hess-Verdon team is here to help you. Unlike some other probate attorneys, we are a full-service firm. Handling thousands of probate and trust litigation cases helps us know exactly steps are crucial for your case.

If you believe you need a team of attorneys, paralegals, and a helpful, caring staff, then contact us today at 888-318-4430.