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estate planning attorney Tag

The Law Office of Libby Banks > Posts tagged "estate planning attorney" (Page 3)

Avoiding the Pain of Probate

Probate is a court proceeding used to settle the estate of someone who has no Will. However, a person that has a Will may also end up in probate court. That’s because a Will doesn’t transfer a person’s assets to his or her heirs automatically – it only states who should receive those assets. Probate is time consuming and expensive for a personal representative (or executor, as it’s named in many states). It can be an agonizing and long drawn out procedure. But it is avoidable – with the right estate planning tools, and specifically with the Revocable Living Trust. Couples often...

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Is it time to update your old trust?

I review many trusts, and some of them are quite old. After these old trusts were put in place lots of things have changed: the federal estate planning laws, the Arizona Trust Code, and of course, the situation of the people who are included in the trust. When so much has changed, it’s clearly time to update the trust. When we do an update, we usually do a complete amendment – called a restatement – of the trust. We keep the original trust name and date, and just note that it was restated as of the date we sign the new...

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Why Use An Attorney for Your Will or Trust?

By Libby Banks, the Law Office of Libby Banks The other day a very savvy businesswoman I’ve gotten to know came in to take advantage of my free review of existing estate plans. To my surprise, she brought in a do-it-yourself Last Will and Testament. It named an executor and said who would get her estate, just as a Will should. But her Will was completely invalid because it wasn’t properly executed. Besides that, she did not have the other documents needed to ensure that if she were incapacitated, someone could step in to care for her and her finances. As...

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