Spanish Speaking Probate Lawyer Phoenix, AZ
Many people believe that when their loved one dies, an attorney will produce this will, read off their names, and they will get certain assets they were promised before their loved one died. This is not exactly an accurate picture of what happens, though. When a person dies, there is a much more complicated process of distributing their assets and estate that generally occurs. If you have been named as the executor of someone’s will, it is your responsibility to ensure that the will gets into the right hands and, if necessary, makes it to probate. Each of the lawyers at Kamper & Estrada, PLLC is a Spanish speaking probate lawyer Phoenix, AZ residents trust. Our team understands that the job of the executor can be incredibly overwhelming, especially if you were close with the deceased. However, we are here to make this process less confusing for you and to help you navigate the probate process generally.
So, what steps must generally be taken before a will can be submitted to probate?
Step #1. Locating the Will.
This may seem like one of the most obvious parts of the entire process but for many, it is actually much more complicated. Before your friend or loved one passes away, you want to ensure you can actually locate the will after they are no longer here. When you do find the will, you can work with a Phoenix, AZ Spanish speaking probate lawyer to quickly establish the named beneficiaries, determine whether the creator of the will owed any debts that need to be paid off, and assess how you want to work with their money to begin distributing assets and paying off bills.
Step #2. Naming Beneficiaries.
For some people, this is the most important part of the will. When the testator names someone as a beneficiary in their will, it means that certain people will be given certain assets or gifts. You will want to begin creating a list of the people the testator named as beneficiaries and gather certain information on each beneficiary to make this process smoother.
- Social Security Number
- Birth Date
- Phone Number
In some cases, however, a beneficiary may be dead. When this is the case, you want to ensure you receive a certified copy of their death certificate for legal purposes. If you have any questions about this, please give a Phoenix, AZ Spanish speaking probate lawyer a call.
Step #3. Inventorying the Estate.
This can be one of the most grueling parts of the process, depending on what the testator had. You will want to create a list of things the testator owned such as real estate, cars, art, trusts, their cash count, life insurance policies, etc. In addition to inventorying the estate, it is also important to discover what debts they had, like mortgages, child support, and credit card debt.
This is all very important information you should have before submitting a will to probate. Each of the Phoenix, Arizona Spanish speaking probate lawyers at our firm are ready to step in and help you now.
If You Pass Without Leaving a Will
A will is a legal document that details someone’s last wishes. The county courts use wills to make sure those wishes are met accordingly. While leaving a will won’t cover every possible situation, it’s better than leaving nothing. Additionally, a will can save the surviving family members from having to go through probate court – a time consuming and lengthy process.
As a Spanish speaking probate lawyer Phoenix, AZ has to offer, we know of many clients who had concerns about not having a will. In general, we would recommend that you do not delay in creating a will so as to avoid any potential problems in the future.
If You Die Without a Will
If you pass away without leaving a will, it is referred to as dying intestate. During these situations, your potential heirs have no say over who receives your assets and property. The entire estate will go into probate and the courts will use the state laws to determine who receives what. Depending on how complicated the estate is, this process may take anywhere from several months to a few years. It’s often expensive, and legal fees will be paid out of the estate before anything gets distributed to the beneficiaries. Furthermore, you will likely need a Spanish speaking probate lawyer in Phoenix, AZ to help you.
If Your Estate Without a Will Goes Through Probate
While intestate succession laws vary from state to state, generally speaking, they follow the same line of immediate succession. Typically, the estate will be split between the surviving spouse and your children. If you are single and have no children, however, the state will determine which relatives get what. If the state cannot find any relatives, your estate will pass onto the state itself. Typically, only spouses, blood relatives, and registered domestic partners are entitled to shares of your estate. Unmarried partners or close friends will receive nothing (unless they are named in a will). It must be noted that dying without a will might also mean that there is an increased chance of a dispute happening. To prevent this, call a Phoenix, Arizona Spanish speaking probate lawyer.
Plan For Tomorrow Today
While no one likes to think about themselves dying, it’s important to plan for such an event while you are still alive. Hiring a Spanish speaking probate lawyer in Phoenix, AZ can help you make sure that all your affairs are in order. When you do pass away, you’ll want to make sure that your family is taken care of. Leaving it up to chance or the decision of the courts can make it difficult for your beneficiaries and add to their grief.
A lawyer can help you draft a will or even set up a trust to determine how your assets should be distributed upon your death. You can specifically appoint an executor to take care of your estate and ensure that your final bills are paid accordingly. Additionally, you’ll be able to leave money to charities if you wish and determine who may receive your properties. Taking the time to plan for your death while you’re alive will ensure that your final wishes are upheld. Call Kamper & Estrada, PLLC to speak with a Spanish speaking probate lawyer Phoenix, AZ residents have trusted for years.