Scottsdale Wills & Probate Lawyer, Arizona

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Erin  Leary Lawyer

Erin Leary

VERIFIED
Wills & Probate

Erin Leary has been licensed in Nebraska since 1984, and in Arizona since 2000. She has over 30 years of experience in probate law. She attended C... (more)

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CONTACT

800-396-5060

David  Spilsbury Lawyer

David Spilsbury

VERIFIED
Estate, Trusts, Wills & Probate

David Spilsbury is a practicing lawyer in the state of Arizona.

Marcus N. Seiter Lawyer
Marcus N. Seiter
is a Top Attorney Award winner at Attorney.com. Only 5% have the elite qualifications. Click the badge for more info.

Marcus N. Seiter

Marcus N. Seiter is a Top Attorney Award winner at Attorney.com. Only 5% have the elite qualifications. Click the badge for more info.
VERIFIED
Trusts, Power of Attorney, Estate Planning, Living Wills

I am passionate about helping people formulate plans to reach their goals. Since 1999, I have been involved in that process with hundreds of clients ... (more)

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CONTACT

480-630-6587

Andre L. Pennington Lawyer

Andre L. Pennington

VERIFIED
Estate, Wills & Probate, Trusts, Estate Planning, Wills

Andre Pennington is an accomplished Arizona, federal and military attorney that concentrates his practice on estate planning, wills, trusts, probate a... (more)

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CONTACT

800-795-7530

Stephen J. McFarlane

Family Law, Franchising, International, Wills & Probate
Status:  In Good Standing           

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Laura L. Morrison

Wills & Probate, Corporate, Estate Planning
Status:  In Good Standing           

Jason Pistiner

Wills & Probate, Family Law, Civil Rights, Corporate
Status:  In Good Standing           

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David Dlott

Family Law, Divorce, Litigation, Wills & Probate
Status:  In Good Standing           

FREE CONSULTATION 

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Jerome K. Elwell

Real Estate, Wills & Probate, Family Law, Corporate
Status:  In Good Standing           

Robert J. Campo

Wills & Probate, Wills, Bankruptcy, Trusts
Status:  In Good Standing           

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LEGAL TERMS

LIFE BENEFICIARY

A person who receives benefits, under a trust or by will, for his or her lifetime. For an example, see AB trust.

SWEARING MATCH

A case that turns on the word of one witness versus another. The outcome of a swearing match usually depends on whom the jury finds most trustworthy.

REAL ESTATE AGENT

A foot soldier of the real estate business who shows houses and does most of the other nitty-gritty tasks associated with selling real estate. An agent must hav... (more...)
A foot soldier of the real estate business who shows houses and does most of the other nitty-gritty tasks associated with selling real estate. An agent must have a state license and be supervised by a real estate broker. Most agents are completely dependent upon commissions from sellers for their income, so it pays to find out which side the agent represents (buyer, seller or both) before you place too much trust in the agent's opinion.

PER STIRPES

Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living children of his or her own. F... (more...)
Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living children of his or her own. For example, Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred, leaving two young children. If Fred's will states that heirs of a deceased beneficiary are to receive the property 'per stirpes,' Julie will receive one-half of the property, and Alan's two children will share his half in equal shares (through Alan by right of representation). If, on the other hand, Fred's will states that the property is to be divided per capita, Julie and the two grandchildren will each take a third.

QDOT TRUST

A trust used to postpone estate tax when more than the amount of the personal federal estate tax exemption is left to a non-U.S. citizen spouse by the other spo... (more...)
A trust used to postpone estate tax when more than the amount of the personal federal estate tax exemption is left to a non-U.S. citizen spouse by the other spouse. QDOT stands for qualified domestic trust.

SPECIFIC BEQUEST

A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequ... (more...)
A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequest fails. In other words, the beneficiary cannot substitute a similar item in the estate. Example: If John leaves his 1954 Mercedes to Patti, and when John dies the 1954 Mercedes is long gone, Patti doesn't receive John's current car or the cash equivalent of the Mercedes. See ademption.

CONTINGENT BENEFICIARY

1) An alternate beneficiary named in a will, trust or other document. 2) Any person entitled to property under a will if one or more prior conditions are satisf... (more...)
1) An alternate beneficiary named in a will, trust or other document. 2) Any person entitled to property under a will if one or more prior conditions are satisfied. For example, if Fred is entitled to take property under a will only if he's married at the time of the will maker's death, Fred is a contingent beneficiary. Similarly, if Ellen is named to receive a house only in the event her mother, who has been named to live in the house, moves out of it, Ellen is a contingent beneficiary.

ENTITY

An organization, institution or being that has its own existence for legal or tax purposes. An entity is often an organization with an existence separate from i... (more...)
An organization, institution or being that has its own existence for legal or tax purposes. An entity is often an organization with an existence separate from its individual members--for example, a corporation, partnership, trust, estate or government agency. The entity is treated like a person; it can function legally, be sued, and make decisions through agents.

ACCUMULATION TRUST

A trust in which the income is retained and not paid out to beneficiaries until certain conditions are met. For example, if Uncle Pierre creates a trust for Nic... (more...)
A trust in which the income is retained and not paid out to beneficiaries until certain conditions are met. For example, if Uncle Pierre creates a trust for Nick's benefit but stipulates that Nick will not get a penny until he gets a Ph.D. in French; Nick is the beneficiary of an accumulation trust.

SAMPLE LEGAL CASES

In re Estate of Wyttenbach

... OPINION. OROZCO, Judge. ¶1 Appellant Barry Wyttenbach (Barry), personal representative of Emmett Wyttenbach's (Emmett) estate, appeals the probate court's grant of summary judgment to Nona Wyttenbach (Nona) and the dismissal of the complaint with prejudice. ...

Schoeneweis v. Hamner

... Ms. Schoeneweis's death certificate. C. Because It Failed to Conduct an In Camera Inspection, the Probate Court Did Not Properly Weigh Privacy Concerns Against the Policy In Favor Of Disclosure. ¶ 21 The Public Records ...

Duncan v. Progressive Preferred Ins. Co.

... We conclude that the motion to dismiss in this tort action was an impermissible collateral attack on the order appointing a special administrator in a separate probate proceeding, Maricopa County Superior Court Cause Number PB XXXX-XXXXXX. ...