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Wills
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Living Wills
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Probate
Our firm assists clients through the entire Will process. The attorneys provide advice for the best possible planning on a case by case basis. We prepare the Wills with your input to make sure your wishes are carried out.
BASIC PROCEDURE:
The first step is to call our office and schedule an initial consultation with one of our attorneys. It is important that you see the attorney in person because each case is different and needs individual attention. Once the decisions have been made by you as to what to do with assets and minor children, we prepare your Will and obtain all the required signatures.
Simple Wills can take as little as thirty minutes of your time to complete. And, they can save your family a lot of money and years of grief. Some probate cases can be tied up in the court system for years if family members cannot come to an agreement of what to do with minor children and assets of an estate.
COMMON QUESTIONS:
- What Is A Will?
- What Happens To My Minor Children And Property If I Die Without A Will?
- What Happens If I Die Without A Will?
- Are There Limitations On Who I Can Give My Property To In A Will?
- Can I Provide For My Minor Children In A Will?
- What Is Probate?
- What Is A Living Will?
- How Often Do I Need To Do A Will?
What Is A Will?
A Will is a document that says what you want done with your property when you die. It can also be used for special instructions that you would like people to carry out after you are gone, like who is to be the guardian of your children and what should be done with your remains.
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What Happens To My Minor Children And Property If I Die Without A Will?
Your Will can designate who you want to be the guardian of your minor children. Although this does not guarantee that the person you name will be named as guardian, the courts will usually agree to the choice you have made. Without a Will, the courts are totally without guidance as to who should be the guardian and may pick someone you do not want.
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What Happens If I Die Without A Will?
If you die without a Will (called dying intestate), Arizona has laws that specify exactly who will get your property. It does not matter what you wanted, what you told people, or what you may have written down. Without a properly prepared Will, your property must go to the people specified in the statutes.
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Are There Limitations On Who I Can Give My Property To In A Will?
There are no limitations as to what you can do with your property after your death in a Will. You name a personal representative (executor) in the Will whose job it will be to make sure the wishes expressed in your Will are followed.
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Can I Provide For My Minor Children In A Will?
Yes. Not only can you leave specific property to your children you can nominate who you want to be their guardian. While this does not guarantee the appointment of your named guardian, the courts in most cases will agree to the choice of guardian you made in your Will.
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What Is Probate?
Probate is the court procedure whereby your personal representative distributes the property you own at your death according to the terms of your Will. Generally the probate process involves collecting your assets, paying your bills, and distributing your property to the people or organizations named in your Will. Your personal representative will hire an attorney like Campbell & Coombs experienced in this area to guide him through this process.
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What Is A Living Will?
A Living Will is a document that tells your doctors and hospitals whether you want to be kept alive by artificial means in the event of a serious illness. Campbell & Coombs will go over all your different alternatives and will help you prepare a living will that exactly meets your needs.
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How Often Do I Need To Do A Will?
A Will is good for a lifetime but if there are major changes to your lifestyle, you may want to change your Will also. For instance, if you remarry, you may want your estate to go to your new spouse instead of your former spouse.
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REMEMBER:
A Will makes sure your directions are followed and makes sure that your property is not distributed to someone you don't want according to a law that does not take into account your personal wishes. Campbell & Coombs will make sure that your desires are followed by preparing your Will according to what you want and by assisting your personal representative in doing the same in probate.
