Estate Lawyer Phoenix, AZ
If you are considering making a trust, you may want to speak to an estate lawyer in Phoenix, AZ at Kamper & Estrada, PLLC. We have helped many people create living trusts and are ready to assist you. A skilled lawyer may simplify the process and help you create a living trust that is free of errors.
What is a Living Trust?
A living trust also referred to as a revocable trust, holds your assets until your death. Upon your passing, the assets in the trust are then transferred to your chosen beneficiaries. Unlike a will, a living trust does not have to go through a probate process. This means your heirs may receive their inheritances in weeks instead of months or years.
What Are the Benefits of a Living Trust?
Creating a living trust with the help of our team can have several benefits. Let’s take a closer look at some of them:
- Save Money: While a lawyer may charge more to draft a living trust than to draft a will, it may save more money in the long run. When it is time to distribute your assets, they will not have to go through a probate process, so there are fewer court costs.
- More Privacy: If you are a private person, you may prefer a living trust over a will. A will is considered a public record, so anyone may see it after you pass. With a living trust, your estate is distributed in private upon your death.
- Trustee Can Jump In: A living trust is set up in a way that your trustee can automatically take things over if you become ill or incapacitated. For example, if you develop an illness and you are not in the right frame of mind to deal with your trust, your trustee can take care of everything for you.
The Basics of Estate Administration
When a person dies, their estate will be probated unless they have a trust. Probate is a process that is overseen by the court and whereby the decedent’s property (the person who died) is transferred to the named beneficiaries. Over the years, the probate process has been made easier; however, it does come with its own unique set of challenges making it useful to retain an estate lawyer in Phoenix at Kamper & Estrada, PLLC.
In most cases, an estate will be probated after a person’s death. The process will begin with the will and death certificate being submitted to the probate court. A judge will need to validate the will and name a personal representative. This person has the duty to oversee the estate management and will be required to report to the court at certain points during the proceeding.
A personal representative can be an executor or an administrator. If a will was left, the executor will be the person who was nominated by the decedent; whereas, if there was no will and the estate is considered to be left in intestate, the decedent’s family or a judge may nominate a person who is considered to be the administrator. It is also possible for a lawyer, financial institution, or trust company to act in this capacity. Anyone who is serving in either of these roles must be approved and appointed by the probate court. Some of their legal court duties will include:
- File the will within a period of time after the decedent’s death; typically within 30 days
- Publish any mandatory legal notices
- File with the court periodic and final accountings
In addition to these duties, a personal representative of a will or estate will need to:
- Collect all assets
- Inventory all assets
- Valuate all assets
- File any remaining tax returns
- Pay state and federal taxes
- Preserve the assets during the probate process
- Identify credit card debts or other debts and notify the collecting agencies
- Sell any necessary assets to pay off debts and estate dues
- Assist beneficiaries in collecting on life insurance policies
- Arrange for the transfer of bank accounts, investments, and so forth
- Distribute the remaining estate to the beneficiaries
Are You Looking for an Estate Lawyer?
Whether you are planning your estate, preparing to file an estate with the probate court, or have a dispute related matter, you should not proceed without professional assistance from our legal team. Failure to do so could result in unnecessary financial losses, as well as, lost time. With the right lawyer on your side, you can feel peace of mind in knowing that your estate needs will be looked after in a way that benefits you, the estate, and any beneficiaries involved.
Very few people understand the fiduciary duties that are associated with estate administration. For this, we at Kamper & Estrada, PLLC urge you to consult a Phoenix, AZ estate lawyer today. We would be happy to discuss your questions and concerns and help you to make a sound decision on how best to proceed with your unique situation.
Why Should I Write an Estate Plan?
While the thought of preparing for your demise is a bit morbid, it is an essential part of life that ensures both your legacy and even your family well-being. Anyone can think of reasons to postpone creating an estate plan, but there are at least ten reasons to stop procrastinating and get it done.
- Dying: While depressing and possibly anxiety-inducing, death is the number one reason to write your estate plan now. You never know when your time will come, so take care of the essentials before then.
- Children: If you are a parent, then you owe it to your children to create your estate plan. You need to designate guardianship and determine if you are going to set up some form of trust for them.
- Loss of Capacity: As with death, you never know when some event will leave you unable to act on your own behalf. Therefore, a crucial part of estate planning is determining and assigning power of attorney over your estate and your decisions, medical and financial.
- Step-Children: Do you have any step-children? If so, you want to make sure that they are treated fairly when your assets are distributed. Therefore, talk with an attorney and decide how best to include them in your estate plan. If you don’t, you risk them being cut out altogether.
- Maintaining Family Ownership: Unfortunately, there are instances where a divorce after inheritance leads to loss of family assets. If you wish for specific assets to remain in your family, then establish a trust through your estate to protect those items.
- Providing for Your Spouse: Estate planning also encompasses life insurance, which can help your spouse and immediate family maintain a standard of living. However, without the income replacement of life insurance, your family may have to adapt to some harsh realities.
- Special Needs Children: If you have a child with special needs, then they likely receive benefits through social security or Medicaid. However, those benefits are not guaranteed after you pass. Setting up a trust through your estate can protect those benefits even when you’re gone.
- Retirement Beneficiaries: Estate plans also help you create and choose beneficiaries to receive funds from accounts like IRAs. However, without proper planning, your loved ones may be subject to tax consequences.
- Business Stake: If you own a business, name a successor in your estate plan. If you don’t, you risk your family losing control.
- Probate: The most significant reason to make a plan is to avoid probate. Probate is a lengthy and costly process that may burden your family.
How Can I Prevent a Dispute from Happening?
Most people know of at least one horror story involving a family being broken apart over an estate dispute. Children fighting with a stepparent over a property, siblings disputing about who gets the heirloom painting. If left unattended to, disputes like these, and others, can cause significant legal issues. While most families don’t ever get into an argument over an estate, it is certainly possible. As an estate lawyer in Phoenix, AZ might tell you, money and assets can bring out a new side to someone.
If you are drafting an estate plan, a lawyer will likely go over the possibility of a dispute. If you, or your lawyer, believes it is a potential, prevention steps may be taken.
How Can I Prevent a Possible Estate Dispute?
Carefully Choose the Executor
Many parents will choose the eldest child to be the executor of an estate. This might happen even when they are not necessarily the best choice. The executor you choose should be responsible and reliable. They must also be honest, well organized, and possess good communication skills. It is also important that they are of a sound mind. Before you decide on the executor of your estate, be sure each of these character traits is considered.
Try to Think About Every Potential
When it comes to estate management, surprises can happen, and when they do, there is a greater risk for a dispute to happen. As you create your plan, be sure to think about all possibilities. For example, is your daughter getting less money than your son because you are passing on your house to her? Or, does your grandchild get to choose one special item of their choice? Perhaps you want your son to get the family painting. These are things that you should specify in your estate plan so as to avoid hurt, anger, or disappointment.
It is not a bad idea to talk about your wishes with your family in advance. You might get some unwanted criticism, but this is to be expected. Don’t let the opinions of another person alter the way you feel about the estate. If you encounter challenges, talk with your Phoenix, AZ estate lawyer.
Work With a Trusted Lawyer
It is very important that you choose to work with an estate planning lawyer. At the minimum, schedule a consultation for advice. By having a lawyer to draft the documents, you can feel peace of mind in knowing everything has been correctly documented.
Additional Tips to Consider
If you have concerns about a dispute arising, you should also consider:
- Speaking with an estate planning lawyer alone, and without any family members or friends
- Be sure to keep your estate plan up to date
- Think about placing your assets into a trust
- Avoid adding a co-owner to property or account if you do not intend to leave it to them
- Talk with loved ones about sentimental items
Hiring an Estate Lawyer
If you are planning on creating a living trust, an AZ estate lawyer in Phoenix can help you in a number of different ways. Here are some of the things our legal team can do for you:
- Reduce estate taxes
- Plan for incapacity
- Make a plan for what will happen to your estate upon your death
- Set up trusts for family members
- Manage ongoing trusts
All estate lawyers are different and may not have the same type of experience. Some might have more experience creating wills while others are more experienced with trusts. It may be in your best interest to work with our team who has specific experience with creating trusts. At Kamper & Estrada, PLLC, our dedicated lawyers have many years of experience with living trusts. We work hard to make sure our clients are satisfied.
If you are looking for a Phoenix estate lawyer, contact Kamper & Estrada, PLLC at 602-730-7988.
Testimonials
Mary K.
Great experience with Kamper Estrada. My husband and I completed our trust, living will and POA’s with the help of attorney Giancarlo at this office. He was wonderful to work with, patient and kind, answering all of our questions and giving us time to consider our decisions. The office staff was very pleasant and always courteous, treating us as valued clients. I would highly recommend this firm and attorney Estrada to anyone who needs legal help.
Corrina W.
Elizabeth and Tim Kamper were amazing to work with! They took care of our needs in a timely and efficient manner with zero pressure. We highly recommend Kamper Estrada.
Rameel I.
Kamper Estrada has taken care of my family and I multiple times now and each time we have been treated like family! They explain the process and I never felt rushed throughout everything. I appreciate all the hard work they put in and recommend them in anyone in the Valley!
Neil D.
Attorney Estrada was wonderful to work with. He answered all of my questions thoughtfully and explained the details of my trust in a language easily understood. I have already recommended his law firm and will continue to do so.
Sarah C.
I had a very serious car accident in 2013 in another state. And he had to work with 3 different insurances and out of state accident laws. I worked with Mr. Timothy Kamper who was referred to me by my supervisor at the time. And he was absolutely a miracle worker! He actually found a hidden policy and was HONEST with me about it and all of the money went to me and he did not take any fees out for himself. They are a family business and once you walk in you feel like part of the family! I have referred a few people to their law firm and they got them more money than was expected. I cannot recommend this law firm enough!
Jason M.
I was in an accident over a year ago which resulted in my car being totaled and needed medical care, including an overnight stay in the hospital and about six months of physical therapy. The driver at fault had only the minimal coverage for insurance, which wouldn’t even pay half of the outstanding liens from the hospital and my medical insurance. Elizabeth Kamper explained the process to me and was always willing to answer any questions throughout the lengthy process. In the end, I was able to pay of all the liens and have more than enough to recoup other medical expenses. Kamper and Estrada’s entire staff was extremely helpful and easy to work with.
Lona H.
My husband and I went to Kamper Estrada to do our estate planning. We worked with attorney Estrada and could not be happier with our service. We really had no idea what we needed or how the process worked. Mr. Estrada helped us choose a path that was right for us and walked us through every step. Mr. Estrada and his team made the process so easy for us, it was a great experience. We highly recommend Kamper & Estrada, PLLC. Everyone we dealt with, from the first phone call to the end of the entire process, was warm, caring, and genuinely cared that our needs were being met
Glenda K.
I was so pleased with the attention and concern I received from Kamper Estrada law firm. From the first call to the settlement they were always there to answer questions. Very promptly and thoroughly . I was glad they were referred to me. I would be happy to refer them to anyone. I hope I never have the need to use their services again. But if I do I will not hesitate to contact them.
Thank you Elizabeth for always making me feel that you cared and I wasn’t just a client.
Thank you Elizabeth for always making me feel that you cared and I wasn’t just a client.
Adam S.
Elizabeth did a wonderful job working with the insurance company after my family was involved in a car accident. She negotiated an amount that we could all agree on and even though we had several injuries we felt like Elizabeth got us a fair amount for the damages. Thank you Kamper Estrada!
Pamela M.
Elizabeth and Tim are extremely professional and have a wealth of knowledge to help you through the difficult process of working with the insurance companies. They take all the pressure off from you and guide you in the right direction for what ever is needed to get you back on your feet and to settle your case. They helped me when the car insurance company chose to play hard ball instead of doing the right thing. I would highly recommend Kamper Estrada, and will return to them again if the need arises!!!
Joanna P.
I was completely thrilled with the service I got from Elizabeth! She is incredibly smart and took me through the whole process step by step. It’s not the most simple or comfortable process to go through but Elizabeth made it comfortable and I was done in no time. I have referred 4 people to her and all of them feel the same way. She’s awesome. You will not regret hiring her!
Anna S.
Everyone who retains Elizabeth as their attorney will be very pleased with her work performance and the time she take to help. She is very know legible, professional, caring and very kind person. I highly recommend Elizabeth for anyone who is going through ruff times and feels like the bankruptcy is the only option. After talking with Elizabeth everyone will feel comfortable with having the peace of mind that whatever decision they make it will be based on full knowledge, understanding of the process and knowing that they are not alone and things will get better. I highly recommend Elizabeth and her partners. This is a great law firm.
Shawna N.
As victims of identity theft and after losing over $2,000 to another legal firm that did nothing to help us with ongoing threats of garnishments from credit card companies, we were on the verge of losing everything. I’d been trying and trying to locate someone who could help us with a bankruptcy because it was finally our only alternative. THANK GOD we found Elizabeth. From Day 1, she stopped garnishment actions and immediately got our case going. It was 5 years of feeling additionally crushed with the ‘stigma’ of bankruptcy and Elizabeth often held our hands with the emotional and financial upheavals. She not only knows her stuff (I’d hate to go up against her in a courtroom), but she is always there, always kept us informed, and guided us through those years with skill, support, and her knowing the ropes with navigating the sometimes craziness of dealing with a Chapter 13. Elizabeth and her firm are the ONLY attorneys I recommend after losing money to a supposed lawyer prior. She truly saved the day – and our sanity.
Maya L.
Elizabeth is knowledgeable, friendly and caring. She continues to assist us even though our case is closed with helping to tie up some loose ends.
Mark S.
Carlene and Elizabeth are excellent attorneys who care about their clients.
Tracy M.
Elizabeth saved us! She graciously took on our case that another attorney had completely messed up. We would highly recommend her firm!
Tom M.
My wife and I personally met with Giancarlo to get in order our affairs. The process was simple, and we truly felt that Giancarlo had our best interests in mind. Having this done is definitely a weight off my shoulders.
Mat B.
I’m currently in the process of working with Giancarlo for my estate planning needs and he has been extremely helpful in the process. I am assured that this process will be painless and Giancarlo has assured me if anything ever needs to change it’s not a big deal at all. I was recently able to refer a good friend whom was unfortunately in an accident to Beth, and I know she was very happy with the interaction throughout the whole case. A big shout out to Kamper, Estrada & Simmons! Do not hesitate to call them with any Personal Injury, Estate Planning or Bankruptcy needs!
Lisa D.
We were in a difficult situation and very personal situation when I met Carlene. I was comfortable sharing private details and she honored that privacy. She was easy to work with, straight forward and took care of every detail professionally. I highly recommend her to anyone in need.
Christine Gale.
Kamper and Simmons are a a great asset to the state of Arizona and to the families that live there. You won’t find a more dedicated and compassionate law firm anywhere. They are REAL PEOPLE!! they speak to you in a caring way that just makes one feel that they made the right choices. Please don’t change anything you do and keep up the GREAT WORK!
Vam.
Carlene has exceeded in meeting all my needs and lifting my spirit during this long procedure when I felt helpless and stupid. God bless you, Carlene.
Bobby.
In my panic. She Looked at my case and provided me with all my options. Kept in touch whenever I had a question. Personal and professional. Very happy to have been recommended to her and would definitely recommend her to anyone. I already have. Thanks Ms. Simmons.
Christine.
Carlene has always been dedicated to those she serves.. She is an excellent attorney and strives to make her clients feel comfortable while attending to those legal matters. She has answers to problems that without a doubt, would boggle someone who isn’t an attorney. She is fast and thorough in getting the job done. There is no one else like Carlene that can get the job done and maintain at all times, her professionalism. She has become a great friend to me and I will always cherish her 110% of her tenacity and eagerness to help people.
Manny Maldonado
Carlene was very understanding, she explained the process thru out the process. I’ve heard horror stories about the trustee that was assigned to me. Thanks to Carlene and her experience, the trustee worked with Carlene and I was able to get a repayment plan that was comfortable to me. It took five years and Carlene was there the whole time. Contacting her was easy. Email or phone, I was always able to get in contact with her. She always returned my calls. I would and have recommended Carlene. She is a good attorney. She will get you through your bankruptcy thru thick and thin. Thank you so much Carlene, Life is much better now.
Ruben.
In addition to her knowledge about the process of bankruptcy. Carlene became my “emotional rock” during the whole process from beginning to end. I don’t think that bankruptcy is an emotionally easy thing for most people. Carlene provided the emotional support I needed. I shall ever be grateful to her for that. Carlene represented me in a complicated case. She went above and beyond to help me. She even went out of her way to help when I had a death in the family. I give Carlene my highest recommendation. She cares about her clients and does exemplary work.
James.
Carlene Simmons handled a Chapter 7 Bankruptcy on my behalf. Carlene impressed me with her knowledge of what needed to be done from the beginning to end of the process. She answered all of my questions, kept in constant contact when I called or emailed her, always getting back to me in a timely manner, sometimes within the hour.
Jennifer.
During the most difficult and strenuous time in our lives, my husband and I were left with no choice but to file bankruptcy as we could not recover our finances with the loss of my job due to illness. We were referred to Carlene Simmons from a disability attorney I had met with. Carlene has held our hand through the entire process, simplifying it and making sure we were informed and understood every step. There were no surprises. She was extremely knowledgeable and sympathetic to our circumstances. We were very hesitant and nervous that something would go wrong but she took care of everything and our case was discharged without any problems at all, just as she said it would. We now have the fresh start we need to regain our finances and focus on my health. I would highly recommend Carlene as she was professional yet compassionate during this stressful time for us. I appreciate her and you will too if you choose to work with her. Thank you, Carlene!
Angel K.
I became very ill and like so many others saw my life spiral out of control financially. I gave up my career and moved to AZ in an attempt to gain some kind of control over the pain and the mess. Nightmare landlords and my inability to get a job added to an already unbearable situation. When I finally came to terms with the fact that bankruptcy was a part of the solution I went online to shop for a lawyer. I came up with three names from NOLO and called and interviewed all three. Carlene Simmons was the clear choice and I feel so lucky to have had her guidance through the process. That last sentence seems so trite considering all she did for me. I was stunned and devastated that I was going to not pay bills when paying bills had always determined what kind of person you are to me. I was going to lose everything including my self-worth and I could see nothing of my future. This woman was strong for me, a comfort to me and literally took my hand and guided me through the process, the offices, the courtrooms and my own emotional loss. If you are in need of good guidance, strong character and true professionalism please call these women. I am so, so glad I did.
Vicky DeNero.
I was completely thrilled with the service I got from Elizabeth! She is incredibly smart and took me through the whole process step by step. It’s not the most simple or comfortable process to go through but Elizabeth made it comfortable and I was done in no time. I have referred 4 people to her and all of them feel the same way. She’s awesome. You will not regret hiring her!
Marianne B.
When i first came to Elizabeth Kamper in 2009 to file for bankruptcy, i was nervous about what lie ahead of me. Elizabeth was very reassuring and knowledgeable. She answered all my husbands and my questions. We always felt like we were a priority and over the years we never felt forgotten. While the bankruptcy was an unfavorable experience, working with Elizabeth was always a pleasure.
Marlene B.
All I have to say about Elizabeth is Amazing! she is wonderful ..helpful kept me informed and explained everything to me step by step. Love her such a blessing !!! Elizabeth always returned my calls same day and answered all my questions. All I have to say she is amazing made this scary processes very easy for me.
Jackie
Elizabeth was extremely professional and helpful with excellent advice on actions that should be taken. She always gave us options, if there was more than one way to handle a situation, and then allowed us to make the final decision, never pushing one way or another. She always kept us informed with updates and responded quickly to any situations or issues. She went out of her way to accommodate us. I would highly recommend her.
Luna L.
I would like to express my sincere appreciation for Attorney’s Giancarlo and Beth. Like many other people, I had never been in need of an attorney before. They patiently answered all my questions and made sure I was able to navigate the process with ease. I am grateful to them for their dedication, experience, reassurance, and above all, their honesty! Thank you!
