Tempe Wills & Probate Lawyer, Arizona

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Includes: Estate Administration, Living Wills, Wills

Marcus N. Seiter Lawyer
Marcus N. Seiter
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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.
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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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Erin  Leary Lawyer

Erin Leary

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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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800-657-5061

Jerome K. Elwell

Wills & Probate, Family Law, Corporate, Real Estate
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Laura L. Morrison

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Chris J. Dutkiewicz

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Frederick William Meissner

Business Organization, International, Wills & Probate, Bankruptcy
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Robert J. Campo

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Gerald Gregory Eagleburger

Construction, Wills & Probate, Corporate, Banking & Finance
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Letty Segovia

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LEGAL TERMS

PREDECEASED SPOUSE

In the law of wills, a spouse who dies before the will maker while still married to him or her.

PROBATE

The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased pers... (more...)
The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased person's affairs identifying and inventorying the deceased person's property paying debts and taxes identifying heirs, and distributing the deceased person's property according to the will or, if there is no will, according to state law. Formal court-supervised probate is a costly, time-consuming process -- a windfall for lawyers -- which is best avoided if possible.

POUR-OVER WILL

A will that 'pours over' property into a trust when the will maker dies. Property left through the will must go through probate before it goes into the trust.

EXECUTOR

The person named in a will to handle the property of someone who has died. The executor collects the property, pays debts and taxes, and then distributes what's... (more...)
The person named in a will to handle the property of someone who has died. The executor collects the property, pays debts and taxes, and then distributes what's left, as specified in the will. The executor also handles any probate court proceedings and notifies people and organizations of the death. Also called personal representatives.

DEVISEE

A person or entity who inherits real estate under the terms of a will.

INTER VIVOS TRUST

The Latin name, favored by some lawyers, for a living trust. 'Inter vivos' is Latin for 'between the living.'

PUBLIC ADMINISTRATOR

Someone appointed by a probate court to oversee probate proceedings when a person dies without a will or heirs, and his or her property is expected to pass to t... (more...)
Someone appointed by a probate court to oversee probate proceedings when a person dies without a will or heirs, and his or her property is expected to pass to the state. Some states have public administrators who are responsible for temporarily preserving the assets of an estate if there are disputes about specific provisions in the will or about who will be appointed the regular administrator.

FAILURE OF ISSUE

A situation in which a person dies without children who could have inherited her property.

DISINHERIT

To deliberately prevent someone from inheriting something. This is usually done by a provision in a will stating that someone who would ordinarily inherit prope... (more...)
To deliberately prevent someone from inheriting something. This is usually done by a provision in a will stating that someone who would ordinarily inherit property -- a close family member, for example -- should not receive it. In most states, you cannot completely disinherit your spouse; a surviving spouse has the right to claim a portion (usually one-third to one-half) of the deceased spouse's estate. With a few exceptions, however, you can expressly disinherit children.

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. ...