Scottsdale Legal Blog

Do you have legal grounds to contest a loved one's will?

The death of a loved one can affect each Arizona resident differently. You may like to look back on your loved one's life with fondness of the loving times you shared together, or you may feel an overwhelming sense of grief that makes it difficult for you to face the situation. Because reactions to death can bring about a variety of feelings, each person may handle their losses in their own ways.

If your loved one created a will, you may have great interest in moving through the probate process quickly in order to settle his or her affairs. However, the possibility exists that you could find issue with the document that has you feeling concerned. In some cases, the problems may prove significant enough to contest the will. Of course, in order to do so, you must have grounds to take such legal action.

Probate can act as a bittersweet process for loved ones

Distributing a loved one's assets after his or her death can come as a bittersweet moment. You will certainly miss your family member immensely, but knowing that you and other individuals may obtain meaningful assets as a reminder of the special person may bring you some comfort. Of course, before any individuals can obtain assets from the remaining estate as dictated in a will, the probate process must finish.

If your loved one named you executor of his or her estate, you will face the most responsibilities when handling the probate process. You will essentially take charge in ensuring that the appropriate parties have necessary information and that heirs receive the correct items. Due to having such tasks to attend to, you will certainly want to understand the probate process.

Do you need a health care power of attorney?

It can be difficult to think about the health care needs that you may face in the future, but it is useful for both you and your family to make the effort to have certain protections in place. By having the appropriate legal documents drafted, you can outline your wishes in case you are incapacitated or unable to make important medical decisions for yourself.

Through a health care power of attorney, you can better control what may happen to you by formalizing your desires for medical interventions, life saving measures and more. These could be important and essential additions to any existing estate plan. 

Do you have legal standing to contest a will?

The passing of a loved one can cause much grief to anyone, and you may hope to find some comfort in learning what his or her last wishes may have contained. In many cases, when a deceased family member leaves behind a will or other document relating to an estate plan, surviving family gain a content feeling when their loved one has bequeathed funds or a treasured piece of property to them.

Unfortunately, you could find yourself facing serious concerns if you believe that the details contained in your family member's estate plan reflect intentions that do not hold true to what your loved one wanted. You may feel at a loss if a completely unexpected individual gains a considerable portion of the estate with no true reason for gaining such an inheritance. In such a case, you may wonder if you have the ability to contest the will.

Do you need a trust?

When it comes to creating a full estate plan, one of your questions is likely whether or not you need a trust. The answer is often yes, and that may surprise you.

Many people think of trusts as something for only the very wealthy, but the truth is even those with a more moderate net worth should consider having a trust. If you own real estate and other assets, it’s even more important to consider a trust.

Creating a special needs trust

When it comes to parenting, planning for your kids’ future is an important part of your life. If you’re a parent of a special needs child, how you plan may look a little different, especially when it comes to finances.

One option for helping your child get an inheritance is to set up a special needs trust. There are several things you need to know about these trusts.

Mary T. Hone Screwed Me

My goal as an attorney is to always represent my clients' best interests. When a case goes to court, one side wins and one side loses. That's what today's post is about. What does that have to do with "Mary T. Hone screwed me?"

Well, someone is driving around town in a truck displaying these words. I guess I'll take the free advertising.

The 3 types of probate in Arizona

If you have been named the executor of an estate in Arizona, you may be worried about dealing with the probate process. Handling the estate of a decedent can seem very overwhelming and complicated. You may have heard stories of other people spending countless hours trying to navigate state requirements and courtroom procedures.

Fortunately, there is nothing stopping you from finding the help you need to deal with Arizona's probate laws. An experienced attorney in the Scottsdale area can help you maneuver through the court as you close out a decedent's estate. Read further for information on the three types of probate in Arizona.

How to choose the right executor

It is never too early to start preparing for the future. Putting safeguards in place to protect your family in case the worst happens is a very common step for people to take. A will is not just a tool to ensure your loved ones receive an inheritance, it also gives you the power to decide exactly how your estate will be distributed at your passing. Furthermore, if allows you to designate a guardian for your children if you pass while they are still minors.

Part of creating a will is choosing the right executor. While an experienced estate planning attorney in the Scottsdale area can help you with the process, it is still up to you to choose someone to administer your estate. Read further for tips on selecting an executor that you can trust to see to your final wishes.

When is it the right time to contest a will?

During the last year of her life, your mother became reclusive and relied heavily on her in-home caretaker. You became worried in the last few months as it became more difficult to visit your mother or even talk to her on the phone. You began to suspect that the caretaker was abusing your mother financially, physically, or both. Unfortunately, just as you were about to take steps to file a complaint and involve the police, your mother passed away.

You thought that was the end of the caretaker and you would more than likely never see her again. However, at the reading of the will, it became clear what was going on during the final months of your mother's life. The will listed the caregivers as a beneficiary and granted her the majority of your mother's estate.

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The Law Offices of Mary T. Hone, PLLC
10505 N. 69th Street, Suite 1400
Scottsdale, AZ 85253

Phone: 602-903-7759
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