3 minute read

Legal

Next Article
Kids’ Corner

Kids’ Corner

AVOIDING THE PAIN OF PROBATE By Libby Banks, court on your death, it can avoid court the Law Office of Libby Banks, PLLC proceedings when you are alive and can

Probate is a court proceeding used of incapacity. In the trust, you name the to settle the estate of someone person who will step in to manage your who has no will. However, a trust (your successor trustee), and when person that has a will may also end up you are incapacitated, or at your death, in probate court. That’s because a will your successor steps in to manage the doesn’t transfer a person’s assets to his trust. or her heirs automatically – it only asks your estate, and unless you have the as it’s named in many states). So what no longer manage your affairs because the court to appoint your executor to Another reason many want to avoid handle your estate and tells your execu- probate is that it’s a public proceeding. tor how to distribute your estate. I didn’t realize just how public and how easy it was to get information until I Probate is time consuming and expen- asked my administrative assistant to sive for a personal representative or ex- check on a case. A few minute later he ecutor. It can be an agonizing and long, came in and said, “Since it was only drawn out procedure. But it is avoidable $2, I went ahead and got a copy of the – with the right estate planning tools, will. The clerk will email it to me later and specifically with the Revocable today.” Wow. I don’t know about you, Living Trust. but I don’t want people to be able to On your death, your heirs must settle easily! right plan in place, that may mean go- In many cases, not only is the will pubing to court to file probate. Probate can lic, but a list of assets and the appraised be very burdensome for the person you amount must also be filed. If maintainhave chosen to take care of your affairs ing your privacy and that of your heirs (called the personal representative in is important to you, you want to avoid Arizona, but similar to the executor, probate with a Revocable Living Trust. get information about my affairs that should you do if you want to avoid If you are ready to put a proper estate court and make things easier on those plan in place – one that avoids probate who will wrap up your estate? and makes it easier for someone to manage your assets if you are incapaciThe best way to avoid probate is to tated – give me a call at 602-375-6752 use a Revocable Living Trust for your or email me at Libby@libbybanks. estate planning. A trust isn’t just for the com. As of this writing, we are offering wealthy. Everyday people who want to our free initial consultations by Zoom, simplify their affairs after death can do FaceTime, other online options, and by so with a trust. In addition to avoiding phone.

Call us today to schedule your FREE Estate Planning Consultation

Our Estate Planning in Phoenix and Scottsdale is highly customized to meet your unique family situation, assets, values, and personal goals. Our complimentary first meeting allows you to get to know Libby, our Estate Planning attorney and talk about your unique situation and what plan will best fit your needs.

Remember, when you choose Libby you are not only hiring someone to prepare your Estate Plan, you are choosing a seasoned Estate Planning attorney to guide you through this often complex process and raise questions you might not have considered. You are choosing an experienced professional to create a plan that serves your family in the way that you want and, after you are gone, a trusted advisor that your loved ones can depend on.

Come see us in our new, convenient office located just down the street at 5010 E. Shea Blvd, Suite 205 Scottsdale, AZ 85254 602.375.6752 | www.libbybanks.com | libby@libbybanks.com

This article is from: