Chandler, Arizona Wills Lawyers

Our Experienced Legal Team Provides Helpful Estate Planning Services

A worrying number of Arizona residents do not have wills in place. This leaves them and their family members in a vulnerable position, as surviving loved ones may face complex legal issues in the future in the event of a stakeholder’s death. But if you are here reading this today, then you understand the importance of wills and other estate planning documents for looking after your minor children, your heirs, long-term care needs, and safeguarding your hard-earned assets from creditors and taxes.

Wills serve as the foundation for estate plans in Arizona. Every person with an estate of any size should consider the benefits of having a will and the drawbacks of not having one. If you have a valid will in place, your loved ones will know your final wishes, and your property will be divided according to your desires. Without a last will and testament, your assets could be subject to property division and probate court in a manner that does not suit you, potentially leaving out certain beneficiaries entirely.

If you are looking for an experienced and compassionate estate planning lawyer, look no further than our Chandler office and the attorneys on our legal staff. Our estate planning attorneys have an in-depth knowledge of Arizona estate law, and we pride ourselves on providing personal attention to help clients find optimal solutions to their unique estate planning needs.

Metropolitan Law Group can provide valuable legal assistance to you and your family with estate planning, tax planning, long-term care planning, business succession planning, and more. We understand that every client has unique circumstances and interests they hope to protect. As your legal representatives, our Arizona attorneys will do everything within our power to look after your personal and financial interests to ensure that your assets are secure and your beneficiaries are well taken care of.

Contact a wills lawyer at our Chandler law office for a free initial consultation today. In your free case review, we will go over your unique goals and help you determine the right path forward as you consider what to put into your will and how to draft it legally in a way that stands up to contests and makes matters simpler throughout the probate proceedings. Don’t delay any longer because we never know how long we have left. The time to begin estate planning is now. Contact our law offices today.

What is the Importance of Having a Will?

A will is a written legal document that establishes a person’s final wishes and directs the distribution of a person’s property and bank accounts after death. A will can also nominate an individual to serve as a guardian to minor children or a conservator for a minor child’s estate.

If you die without a will in Arizona, state law will determine who gets what. Additionally, the court can appoint a person to serve as guardian for your children, and that person may not be the individual you would have chosen. Dying without a will also leads to probate litigation and disputes between surviving family members as they fight over what they think is rightfully theirs.

When you pass away, surviving family members may have lofty expectations about what they will receive from your estate. Sometimes, those expectations can be crushed. A will helps you make your wishes known so that, hopefully, there is less reason for infighting between family members after you are gone. Wills have been shown to help keep the peace.

While a will does not avoid probate, it can make the process faster, cheaper, and easier.

What Happens if You Pass Away Without a Valid Will in Place?

If you die without a will, you are known as passing away intestate. When you die intestate, the distribution of your assets and the closing of your estate operate according to Arizona’s intestate laws.

In many situations, the surviving spouse will get everything if you pass away without a last will and testament. However, there are certain exceptions. For example, sometimes, children or parents may recover your assets in the event of your death without a will.

To determine how your estate will be distributed upon your death, we need to understand your unique life circumstances. In your free case evaluation, we will review the implications of dying without a will and help you understand how your money and property may pass over certain beneficiaries or heirs. In order to avoid these unfortunate circumstances from occurring, we encourage you to hire a wills lawyer from our law firm to help draft and or revise your will.

Who Should Have a Will?

Ideally, everyone should have a will, but that is especially the case for certain individuals. While many may assume that wills and estate plans are only for the Super wealthy or those with significant assets, the truth is that many people, regardless of their wealth, should have a will in place to plan for the future.

Those who should have a will include, but are not exclusive to, the following:

• Married spouses.
• Those who have children.
• Anyone who owns assets.
• Families with a special needs family member.

Those who have no finances, personal property, assets to leave behind, spouse or domestic partner, or children may not require a will as much as the rest of us.

When Should You Consider Drafting a Will?

In the most ideal circumstances, anyone aged 18 or older should have a will in Arizona. However, most people do not write their wills until some major life change in circumstances has occurred, whether that be for the better (such as the birth of a baby or a new marriage) or for the worse (an illness).

Wills should be created and updated frequently when certain life events occur.

These include, but are not limited to, the following:

• When you turn 18.
• Marriage, divorce, or remarriage.
• The birth of your children.
• When you start a business.
• The purchase of a home.

If you have questions about when to revise a will, contact our estate planning attorneys for legal guidance.

Do You Need Your Will to Be Drafted by an Estate Planning Attorney in Chandler, AZ?

There is no legal requirement to retain professional legal representation when drafting a will. In our technological age, many individuals have started to use do-it-yourself websites to create their wills. However, it is not in your or your family’s interest to follow this route. It is highly encouraged that you retain professional legal counsel experienced in estate planning matters to write and review your will.

Only very few wills and estate plans fit so comfortably into a pre-made mold like those offered by do-it-yourself websites. Simple mistakes and other factors that were not anticipated by the websites could result in your entire will being rendered null and void, leading to challenges in probate court between your loved ones as well as potentially leaving your estate vulnerable to creditors.

Because wills are not one-size-fits-all legal documents, it is highly recommended that you retain legal assistance from estate planning attorneys. Hiring a wills lawyer to help create your will can ensure that the will is well-rounded, accounts for unique life circumstances, and ensures that your loved ones will be cared for the way you intended upon your death.

It is also essential to retain estate planning lawyers for legal guidance when revising or revoking a will. For more information, please schedule your free estate planning consultation today.

Are There Different Types of Wills in Arizona?

There are several different types of wills in Arizona. No one type of will is suitable for everyone, and no one type of will is superior to the rest.

In most cases, individuals write what is known as a simple will. As the name probably suggests, this is the simplest type of will. Simple wills outline which people or organizations you want to inherit your assets when you die. It will also name the executor of the estate, the individual you want in charge of the distribution of assets during the probate process. Simple wills also allow you to name guardians for your minor children or pets.

A holographic will is like a simple will, except it is often handwritten. Holographic wills do not always require witnesses to validate them. Many people create holographic wills because they have no other choice. However, these wills can be hard to defend in probate court and easy to tear apart.

Joint wills express the wishes of two different people acting as one. This is a common type of will for married couples. In most joint wills, each member of the marriage states that the property goes to the other if they should die before them. Joint wills cannot be easily altered the same way that other wills can, and they can be a complex legal matter in the event of a divorce.

Living wills do not determine how your assets will be distributed upon your death but rather what should be done in the event of your failing health or incapacitation. If you ever become unable to speak for yourself and determine your own healthcare, a living will gives your designated agent the ability to make some important health decisions on your behalf.

Mirror wills are similar to joint wills. Married spouses sometimes sign mirror wills to establish that the surviving spouse receives all the assets of the deceased spouse. Mirror wills are not common in Arizona.

A testamentary trust is a type of trust that only goes into effect at the point of death. Instead of distributing your assets via a will, you can put your assets into the control of a trust, which would then allow you to designate beneficiaries to benefit from the trust.

What Should Be Included in Your Will?

If you are drafting a new will, the following should be included:

• The name of a personal representative or executor of the estate.
• An explanation of how to settle debts.
• Individuals or entities you want to be gifted with your possessions.
• Alternate beneficiaries in case you outlive your named beneficiaries.
• An organization of finances for funeral expenses.
• A guardian for your minor children or pets.

What Are the Legal Requirements for Wills in AZ?

To write a will in Arizona, you must be at least 18 years old. Additionally, you must have what is called testamentary capacity, which means that you understand the nature and extent of the implications of making a will and distributing your assets to beneficiaries.

The will must be signed voluntarily, without duress, undue influence, or coercion. It must be signed in the presence of at least two mentally competent adult witnesses, who also must sign the document.

The will must be in writing, whether it is in physical or electronic form.

Do Arizona Wills Need to Be Notarized?

Arizona law does not require that a will be notarized, but there are several benefits to doing so. One of these is that it makes your will self-proving.

A self-proving will is one that a probate court can approve without needing additional testimony from witnesses to the signing of the will. Notarizing your will can speed up the probate process and make things easier for your loved ones.

Can You Revoke or Modify a Will?

You can easily change your will by writing and executing the new one. When you write a new will, a provision should be included stating that you intend for the will to supersede or revoke any prior will you’ve written in your life.

Alternatively, you may opt to amend an existing will by writing a codicil, which is a supplemental document that can explain the modified terms of your will.

It is also possible to revoke your will without replacing it with another one by simply defacing or destroying the document.

What is Useful Information and Documentation to Gather in Preparation for Drafting a Will?

Before you go to an estate planning law firm to write your will, you should gather important information in preparation for the writing of the will.

Please consider gathering these key documents:

• Bank account statements.
• Birth certificates.
• Checking account statements.
• Death certificates.
• Funeral plans.
• Insurance policy numbers.
• Investment portfolio account numbers.
• Marriage and divorce certificates.
• Retirement accounts.
• Savings account statements.
• Timeshares.
• Vehicle titles.

How to Talk to Your Heirs and Beneficiaries About Your Estate Plan?

While your will is meant to express your final wishes, it is sometimes useful to explain your intentions before the will is read and before your death.

Your family members may have many questions about your state plan, including why you’ve decided to divide it up the way you have. Be prepared for these questions. Before the questions are asked, think about how you will answer them.

Attempt to keep things positive when discussing estate plans. If necessary, invite a moderator to the discussion if you think you need one.

Some family members may not like everything about your estate plan. This is unavoidable. By regularly updating your estate plan, you can keep it relevant to the changes in life circumstances and maintain its validity in a court of law.

Try to be as open and transparent as possible when discussing your estate planning. If necessary, schedule regular meetings to keep family members updated on any changes.

What is a Contested Will?

A contested will is one in which one or more parties challenge the will during the probate process. Before the probate court authorizes a personal representative to administer in a state, the will’s validity must be determined in a public hearing, at which point interested parties can challenge the will.

Contested wills are a complex legal matter. Do not approach these legal issues without legal representation.

Who Has the Right to Challenge a Will?

In any legal matter, you need legal standing to pursue action, and this applies to contesting a will as well. To contest a will, you must be recognized by Arizona law as an interested party.

Interested parties may include:

• Any individual named in estate planning documents, such as a beneficiary, executor, or trustee.
• An heir at law, which is someone who would inherit from the estate if there had been no such will.
• Any individual who could reasonably expect to inherit from the estate, such as those who may have been named beneficiaries in previous versions of the will.
• Any entity with a stake in the decedent’s property and assets, such as creditors or co-owners of real estate.

What Are Different Reasons to Contest a Will?

Some of the most common reasons for contesting a will include the following:

• Allegations of fraud.
• Forgery.
• Suspicion of coercion.
• Lack of mental capacity.
• Defective execution or execution errors.
• Undue influence.
• The existence of multiple wills.
• The will’s language is too vague.
• The estate plan does not cover all assets.
• Disinheritance of a current spouse.
• The will was not amended following a divorce.

How to Avoid Probate?

Wills express your last wishes to probate courts. As such, a last will and testament alone does not avoid probate. If you are concerned about the probate process, our estate planning attorneys can help discuss ways to limit or avoid probate with other estate planning tools.

Do You Need Other Estate Plan Legal Documents if You Have a Last Will and Testament?

While a will may be the cornerstone of your estate plan, it does not mean your estate planning should start and end there. You may wish to consider additional estate planning methods to make for a comprehensive estate plan.

Consider these estate planning tools:

• A durable power of attorney.
• Living trusts and living wills.
• Guardianship and conservatorship.
• Advanced healthcare directives.
• Long-term care planning.
• Estate tax planning.
• And more.

Schedule a Free Case Evaluation with Our Experienced Estate Planning Lawyers Today

If you are considering writing or revising a will, we strongly recommend that you contact a Chandler estate planning attorney to discuss your goals and wishes. A wills attorney at our law firm has the knowledge, compassion, and legal experience you need to deal with the complex legal nature of writing and revising wills.

Contact our Chandler, AZ, law offices to schedule your free case evaluation today. You may reach us at 866-902-6148.