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Will , Trusts & More.
WHAT IS A WILL?
What happens if a person dies without leaving a will?
Any assets in his or her estate will be distributed according to Arizona laws that designate which family members, or “heirs,” will receive assets.
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Does a will affect all assets?
Assets for which you have set up a different method of transfer, such as beneficiary designations, payable on death (POD) accounts, transfer on death (TOD) accounts, joint tenancy with right of survivorship, community property with right of survivorship, and/or titled into the name of a Trustee, are not affected by a will.
Assets for which you have set up a different method of transfer, such as beneficiary designations, payable on death (POD) accounts, transfer on death (TOD) accounts, joint tenancy with right of survivorship, community property with right of survivorship, and/or titled into the name of a Trustee, are not affected by a will. Remember to check whom you have named as beneficiary on any IRAs, annuities, life insurance and/or retirement plans. You can also name a beneficiary for your car, and record a beneficiary deed for real property. Assets with these kinds of transfer mechanisms automatically pass to the surviving owners or named beneficiaries.
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WHAT IS PROBATE?
Does a person need a large estate to have a will?
No. Any person wishing to designate who will receive their assets at death should have a will. Individuals with minor children will want a will to nominate a guardian and to manage the assets for the minor children in a trust (which may be created under the will) and/or a custodial account.
Who should draft a will?
Ideally a lawyer should draft a will. Only an expert legal professional can advise the best alternatives with respect to an individual’s estate plan.
What is a holographic will?
A holographic will is hand-written by the person making the will and needs to be signed by that person. Although a date is not required, it is recommended so that the last will of that person can be determined.
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WHAT IS A LIVING TRUST?
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What are the advantages of trusts?
- Cost savings. Avoiding probate can save substantial fees and costs.
- Incapacity management. Named trustees can manage assets for a settlor’s benefit if he or she is incapacitated, avoiding the need for a court-appointed conservator.
- Tax savings. A trust arrangement can reduce estate taxes for a married couple in certain situations. Ask a lawyer for more information.
- Beneficiary protection. Setting up a continuing trust arrangement in either a will or a revocable trust can protect beneficiaries who are too young or otherwise unsuitable to receive all of their inheritance outright in a lump sum.
How do I obtain a will or trust?
Consult with a lawyer experienced in estate planning to determine which estate-planning options are best for you. Using the services of someone not trained in estate planning can end up costing more money to fix problems.
In discussing an estate plan with a lawyer, make sure to speak openly and honestly about all of your assets. The person preparing your plan cannot determine your needs without knowing your circumstances.
(Source: https://www.azbar.org/legalhelpandeducation/consumerbrochures/willsandtrusts/)