The period after a family member’s death is delicate, and no one wants a prolonged legal battle. If you’re involved in a will dispute in Arizona, consulting an experienced probate attorney can help you understand your legal options.

Understanding Will Contests in Arizona

Generally, anyone who may have a stake in an estate can contest a will. This includes estranged relatives named in the current or previous will, as well as those who would have inherited under Arizona’s intestate laws. However, the person disputing the will must have a valid reason.

Legal grounds for a will dispute in Arizona include:

• The will-maker lacked capacity – The person challenging the will may believe the deceased lacked mental capacity when they created the will. Incapacity may result from dementia, insanity, intoxication, or physical incapacitation.

• The will was manipulated – Claims of this type allege that someone forged the will or it was fraudulently created.

• Undue influence – Undue influence claims argue that someone pressured, coerced, or threatened the will’s creator.
• The will was not properly executed – This type of claim argues that a will is invalid because it was not properly dated, signed, witnessed, or notarized.

Preventing Disputes with Estranged Relatives

The best way to prevent inheritance disputes with estranged relatives is to be proactive. Ensure you clearly articulate your wishes to anyone who could legally stand to inherit, including estranged family members, and take the necessary steps to make your will legally binding. You can also address disinheritance directly in the will and/or include a no-contest clause.

You may also consider placing your assets in a trust. Trusts avoid probate and designate a trustee who will ensure your estate and assets go to the beneficiaries named in the trust.

Addressing Existing Disputes

If you face an existing will dispute, you can attempt to resolve the issue through negotiations, mediation, arbitration, or probate litigation. You will need to prove the validity of the will using evidence, which may include financial statements, medical records, communication records, and any other documentation that supports your claim.

It can be helpful to engage the services of a probate and estate administration attorney to guide you through contentious family disputes. An attorney can explain your rights, gather proof to support your case, draft and file legal documents, and represent you in probate court or during other dispute resolution methods.

Consult an Arizona Estate Planning Lawyer Today

If an estranged relative is disputing a loved one’s will, an estate planning lawyer from Pennington Law, PLLC can help you develop a strategy to address the matter efficiently and minimize stress. Contact us online or call today for a free consultation about our services. You can also check out our client reviews to hear what others say about working with us. We look forward to hearing from you.

The post What Happens When Estranged Relatives Dispute a Will? appeared first on Pennington Law, PLLC.

For example, does a life estate override a will? You want a clear answer, so it’s smart to consult a Surprise, AZ, estate planning lawyer before you create a life estate so that all your wishes and preferences are respected and compliant with the law.

What Is a Life Estate?

A life estate is a type of interest in real property. A life estate is created by a legal instrument that provides a way to split ownership of real estate property over time. As the “life tenant,” you have the right to live in or use the property you designate when creating the life estate for as long as you live. When you die, ownership of the property automatically passes to the “remainderman” you choose (usually a child or other heir) without going through probate.

How Does a Life Estate Interact with a Will?

Once you create a life estate, it typically overrides anything in your will about that same property. That means you usually can’t leave the property to someone else in your will if you’ve already given away future ownership through a life estate. If there’s a conflict, the life estate takes priority because it goes into effect when you created it. By contrast, a will becomes effective only upon your death.

Benefits of Establishing a Life Estate in Arizona

Creating a life estate helps your heirs avoid probate, which can save them substantial time and money. A life estate also lets you stay in your home for life while knowing who will receive it afterward. It can be helpful for long-term planning, especially if you want to provide stability for family members or protect your home from certain claims against your estate.

Potential Drawbacks

One disadvantage of choosing a life estate property transfer is that it limits your control over the property. For example, you can’t sell it or refinance without the remainderman’s permission. The life estate may also restrict your options if you need to move or change your plans later. There can also be tax consequences or other issues if the remainderman runs into legal or financial trouble.

Alternatives to Life Estates

Depending on your needs, other estate planning tools might offer more flexibility than a life estate. For example, a revocable living trust can help you keep control of your property during your life while helping your heirs avoid probate later. A transfer-on-death deed is another option that allows your home to pass to a named person without involving the courts. An Arizona estate planning professional can help you find the best fit for your goals.

Consult an Arizona Estate Planning Attorney

At Pennington Law, PLLC, our experienced estate planning attorneys can help protect your legacy by building a comprehensive estate plan that safeguards your wealth, provides for your beneficiaries, and supports your needs as you age.

Everyone’s estate planning needs are different, and our extensive experience with many legal tools helps us create individualized plans suited to your specific goals. We’ve earned widespread praise from our clients for our commitment to excellence and have multiple locations in the West Valley to serve you. Call now or complete our contact form for a free consultation.

The post Does a Life Estate Override a Will? appeared first on Pennington Law, PLLC.

What Is a Living Will?

A living will is a legal document outlining your preferences for medical treatment if you become incapacitated and cannot communicate your wishes. It typically guides loved ones and medical providers on how and whether to proceed with life-sustaining treatments, resuscitation, artificial nutrition, and other critical healthcare choices.

A living will should not be confused with a last will and testament, which directs the distribution of assets after your death. Living wills focus exclusively on medical care. People often create living wills in conjunction with establishing a health care power of attorney.

Legal Requirements for a Living Will in Arizona

If you are creating a living will in Arizona, you must be at least 18 and of sound mind. The document must be in writing, signed, and dated by you. It must also be signed by a notary public or at least one witness who was present you signed it. The notary public or witness cannot be related to you or involved in your medical care.

Arizona allows individuals to include their living will as part of an advance directive, which can also name a health care power of attorney. Individuals should review their living will periodically and update it as needed to ensure compliance with state laws.

Benefits of Having a Living Will in Arizona

A living will provides significant benefits to people who want to take control of their future healthcare choices and ensure others respect their medical preferences.

Key benefits of a living will include:

• Clearly outlining medical care preferences
• Preventing disputes among family members
• Reducing the burden on loved ones needing to make tough decisions
• Ensuring healthcare providers follow your wishes
• Avoiding unwanted medical interventions
• Complementing a health care power of attorney
• Providing legal documentation to support end-of-life decisions

How to Create a Living Will in Arizona

There’s more to creating a legally valid living will in Arizona than simply filling out a form. An Arizona estate planning attorney can:

• Help ensure the document meets state requirements and accurately reflects your healthcare wishes
• Guide you through important decisions, such as specifying treatments you want to accept or refuse
• Help integrate a living will into a broader estate plan
• Help you avoid errors that might render your living will unenforceable
• Ensure your choices are properly documented and recognized by medical providers

Contact Our Arizona Estate Planning Attorneys Now

If you have questions about Arizona’s living will requirements or want to incorporate a living will into a comprehensive estate plan, turn to the legal team at Pennington Law, PLLC. Call or contact us today to request a free consultation with an experienced estate lawyer.

The post The Benefits of a Living Will for Arizona Residents appeared first on Pennington Law, PLLC.