Probate Attorneys in Prescott, Arizona
After a loved one passes away, survivors of the decedent are required to deal with all of their debts and assets in a timely manner. Although it is usually everyone’s desire to carry out the plans of those who pass on, sometimes problems arise that make doing so seemingly impossible. Without adequate representation, you may lose out on your right to assets and other properties that you are entitled to.
Instead of trying to handle complex probate litigation on your own, you can benefit greatly by reaching out to a seasoned and effective probate attorney in Prescott who can help guide you through the legal process and educate you with regards to your rights and obligations.
The attorneys at Prescott Law Group, PLC have decades of combined experience handling some of the most complex litigation surrounding the legal rights of heirs, those who wish to establish estates, and those who are contesting the validity of claims. No probate case is too large or too small for our team to handle.
By reaching out to our knowledgeable and competent probate attorneys in Arizona, we can meet at your earliest convenience and discuss your unique needs and desires when it comes to handling your probate matters. Our team can review existing wills, interpret the language, or help you draft a will outlining how you want your assets handled once you pass on. Contact our law firm today to see how we can help you.
How a Probate Attorney Can Help You
Although no one is required to retain a probate attorney in the state of Arizona, doing so comes with an array of advantages to help you throughout the probate process. A probate attorney is a licensed legal representative who can advise the executor of an estate, or beneficiaries of a deceased party’s estate, on various legal options available to them.
The key role of a probate attorney in Arizona is to perform various services throughout the probate process to ensure their clients’ legal rights and best interests are protected. At Prescott Law Group, PLC, we help our clients identify and secure probate assets and help them obtain appraisals for property within the deceased party’s estate. Our team helps guide our clients and provides them by filing timely and accurate documents in the probate court.
Beyond these services, our team advises clients on the payment of the deceased party’s outstanding debts and bills, and we help them keep track of the estate’s checking and financial accounts. Our team also helps clients with the management of payments to any other estate or inheritance taxes and makes sure all income taxes are handled efficiently.
Our Prescott probate litigation attorneys routinely assist our clients in handling various tasks, including:
- Settling disputes between personal representatives and the beneficiaries of an estate
- The sale of any property within the estate, like real estate, vehicles, and other items
- The distribution of assets among named beneficiaries
Our team is committed to helping our clients with a wide range of responsibilities throughout the probate litigation process. Our team can take the difficult tasks off your hands so you do not have to be overwhelmed and stressed throughout the process. When scheduling a consultation with our team, there are various things you can do to make the process go smoothly. Some of these include:
- Providing our team with all necessary documents (i.e.: the existing will or trust, any bills or records of debts, existing insurance policies, tax returns, etc.)
- Ask any and all questions you have and maintain constant communication
- Stay on top of your probate case
By maintaining open and effective communication, our team will be able to provide you with up-to-date information, answer any questions you have, and help guide you through the entire litigation process. Contact our law firm today to get started with your case.
Circumstances Leading to Probate Litigation
Once the probate process begins, it is all too common for disagreements, arguments, and disputes to take place. There are many disputes that may follow the death of a loved one. However, the majority of these disagreements involve challenges or contests of existing wills.
In most instances, people will question whether the will, in whole or in part, is valid, whether a relative who was not included in the will is actually entitled to any part of the estate, and how to interpret wording and phrases within the will. Our team at Prescott Law Group, PLC has extensive experience handling an array of probate disputes for our clients. Some of the arguments our team handles include those surrounding:
Undue Influence/Duress: Questions surrounding wills and their validity often hint at some form of undue influence or duress. Undue influence and duress include situations where families believe that the creator of the will provided directions for distributions that were directly influenced by another party.
Some examples include people who are influenced to leave all of their assets to a specific person, cut a person out of the will due to a disagreement between the influencing parties, and various other circumstances. Our team at Prescott Law Group, PLC can help your family uncover instances of undue influence that may have negatively impacted your ability to obtain assets and inheritance.
Incapacity: There are instances where people are deemed incapacitated by the court. These cases involve people who are unable to take care of themselves. Courts can order a guardian to care for the wellbeing and health needs of the incapacitated party, a conservator to handle their financial needs, or one party to provide both roles to the incapacitated party.
Our probate attorneys in Arizona can help you become the guardian or conservator for your loved one, or designate a party to provide you these services should you become incapacitated in the future.
Will Interpretation: It is crucial that wills are well written and contain proper grammar. A misplaced comma or a misspelled word can drastically alter the entire meaning of a sentence. Regrettably, these are common problems that we see here in Arizona. There are many cases where the language within a will is difficult to interpret. Our attorneys can help you understand the intentions of the will so you know what assets are to go to which party.
Claims of Creditors: After a person passes away, the estate can be bombarded by creditors who are trying to recover money for debts held by the decedent. Although creditors are often not specifically named in a will, their rights are vital to the proper distribution of assets and settlements surrounding Arizona estates. It is crucial that the personal representative of the estate is aware of how creditor claims are handled.
Our probate attorneys have extensive experience guiding our clients when it comes to understanding the legal rights of creditors and the obligations of those distributing assets.
Heirship Challenges: Whether you are a named beneficiary in a deceased person’s will, or you believe you should be, there are legal avenues available that you can utilize to challenge the existing guidelines in a will. Our state provides numerous circumstances that may render a will invalid, thus providing you with the ability to obtain your fair share of assets. Our team at Prescott Law Group, PLC can review the existing will for you and fight on your behalf to ensure your voice is heard challenging heirship.
Financial Exploitation: The exploitation of elders and adults who are vulnerable is fairly common in our state. Illegal financial exploitation can occur when a person who is in a trusted position improperly utilizes the money of a vulnerable adult. In these cases, courts can award damages to parties negatively impacted by these actions.
Regrettably, a lot of financial exploitation can go unnoticed for years and is not uncovered until after a person passes away. Our team can help you protect your legal rights if there have been improper changes to a will and other forms of financial exploitation.
Asset Distribution Disputes: Although most people truly want to carry out the wishes of those who pass on, there are often disputes about how assets are transferred to the intended heirs. Our team can help you protect your legal rights to assets that are left for you.
Intestate Disputes: when a person passes away without a will or an estate, they are deemed as dying “intestate.” In these cases, the laws in Arizona determine how the property is to be distributed to heirs. In some cases, the court may determine that an heir has forfeited their rights to inheritance. These include instances of fraud, undue influence, financial misconduct, murder, or physical abuse.
Issues Surrounding Omitted Spouses and Children: Finding out that a spouse or child was left out of a will unintentionally can be devastating. Our probate attorneys in Arizona are dedicated to helping our clients obtain the assets and inheritance they are entitled to after the loss of a spouse or parent.
Our Arizona probate attorneys at Prescott Law Group, PLC focus on solving probate issues in an efficient and effective manner while pressuring the intentions of the deceased party. We strive to preserve family relationships so you and your family can move forward, together, through the grieving process. Contact our law firm today to see how we can help with your probate needs.
Services We Provide For Our Clients in Prescott, Arizona
Having to deal with the loss of a loved one is difficult enough on its own. Having to go through probate afterward just makes dealing with the loss increasingly overwhelming. In many cases, families have disagreements about what a person will receive. For this reason, you can benefit immensely by working with a knowledgeable Arizona probate attorney while moving forward.
Whether you need help with probate litigation or with a trust administration, due to a dispute, our team at Prescott Law Group, PLC can help you with all of your probate needs. Over the years, our team has continued to provide an array of services for our clients to ensure their legal rights are protected throughout the litigation process. Some of the ways our team can help you with probate matters include:
- Filing documents accurately and in a timely manner
- Inventorying both probate and non-probate assets
- Uncovering and addressing tax issues surrounding an estate
- The distribution of assets
- Resolving estate disputes
- Trust administration
Our team regularly provides estate planning and probate services to our clients in Prescott and throughout Yavapai County. We strive to help our clients protect their legal rights, get the property they are entitled to, and overcome disputes regarding estates. Contact our law firm today to see how we can help you.
Prescott Law Group, PLC Is Here To Help With Your Probate Needs
If you are involved in a probate dispute, it is imperative that you seek representation from a skilled legal team with experience handling these complex claims. An effective legal team will fight to ensure your rights and best interests are protected while advocating on your behalf. Whether you are the petitioner or the respondent in a probate matter, our skilled and seasoned probate attorneys in Prescott can help guide you every step of the way.
The attorneys at Prescott Law Group, PLC have decades of experience helping people in Prescott and around Yavapai County handle even some of the most complex probate litigation. Our attorneys have keen attention to detail, which enables us to put together stone-clad cases that will help you achieve your ultimate outcome.
Whether you are disputing a will, applying for a guardianship position, or interested in designated a specific party as a conservator for your future needs, our Arizona probate attorneys are committed to helping you protect your legal rights and best interests from start to finish. Contact our law firm today at (928) 445-1909 to schedule a consultation to meet with our team at your earliest convenience.