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Estate planning law in Tucson, United States, involves the management and dispersal of an individual's estate during their life and upon their death. Estate planning allows individuals to specify their wishes regarding their assets, including real estate properties, investments, savings, and personal belongings. Matters like trusts, wills, power of attorney, healthcare directives, and guardianship of minor children are also included in estate planning.
While it might be tempting to undertake estate planning independently, several complex legal issues may necessitate the assistance of an experienced attorney. Some of these include: reducing or avoiding estate tax, creating a living trust, drafting your will or power of attorney, ensuring your assets are distributed according to your wishes without conflicts, and protecting your estate from future creditors. A lawyer could also assist with probate processes and litigation if disputes arise about the will or trust.
In Tucson, as per Arizona law, if a person dies without a will (intestate), their property is distributed according to state 'intestacy' laws. For example, if the deceased was married, their spouse inherits all community property and a part of the separate property. However, the specifics can vary based on whether the decedent had living children, parents, or other close relatives.
The local laws also recognize three types of wills; formal, holographic, and oral. Legal age for writing a will is 18 years, and it must be witnessed by two individuals. Estate or inheritance tax does not apply in Arizona at the state level, although federal estate tax may apply.
A will becomes effective only after you die, whereas a trust takes effect as soon as it's created. A will directs who will receive your property at your death and appoints a legal representative to carry out your wishes. A trust could be used to begin distributing property before death, at death, or afterwards.
Probate is a court-supervised process for transferring a deceased person’s assets to the beneficiaries listed in their will. It could be avoided through proper estate planning, such as by transferring assets to a trust.
If you die intestate (without a will or trust), your estate will be divided according to Tucson's intestacy laws, which may not align with your wishes.
A power of attorney is a legal document that allows you to appoint someone to manage your property and financial affairs if you become unable to do so.
A healthcare directive, also named a living will, lets you state your wishes for end-of-life medical care in case you become unable to communicate your decisions.
The Pima County Bar Association offers lawyer referral services and can help connect you with an experienced estate planning attorney in Tucson. The Arizona Bar Association also provides valuable information and resources on estate planning.
For more detailed knowledge, you can refer to the Arizona Revised Statutes (ARS). The University of Arizona's James E. Rogers College of Law is also a good resource for legal research in this field.
If you need legal assistance in estate planning, consider consulting with an experienced attorney who could guide you through the complex legal landscape.
Prepare a list of assets and liabilities, an idea of how you'd like your estate to be distributed, any specific wishes about your healthcare, and questions that you may have. Providing these details to your attorney can help them present the best strategies for your unique situation.
