ARTICLES PUBLISHED BY LUPITA SHESTKO- MONTIEL

(Arizona Bilingual ,  Tucson, Az  July 2015 )

LAST WILLS – TRUSTS – REAL ESTATE PROPERTIES

 

SOME MISUNDERSTANDINGS AND CLARIFICATIONS

LAST WILLS

1. Does the government receive my property if I die without a will?

Clarification: InArizona, there are laws that allow close relatives to receive the properties after a legal process. Warning: you have to pay the property taxes in due time to avoid losing the properties for non-payment.

2. Do you have to record my will with the court?

Clarification: A will is not a public document. It not required to be registered before one’s death. It is suggested not to make public a document containing information and personal data to prevent identity theft. After passing a probate is opened, if required.

3. So, it is not necessary to open probate after death?

Clarification: It is not required all the time because there are properties that can be passed down before and after passing through affidavits or certificates.

4. We have our property in joint tenancy. We believe as spouses that we do not have to prepare a Last Will and Testament.

Clarification: With a will the process is easier to receive the property after the death of a spouse. The Last Will   will serve to clarify the last wishes and instructions –regarding life support, final resting place, the mental condition of the Testator, and other details. Also, to avoid doubts and arguments among the relatives.

 

TRUSTS:

The trusts were created since 1972 to facilitate the estate planning of family assets, regardless of whether individuals have several properties or only one. Some trusts are revocable and others are permanent. There are Living Trusts with Wills, Durable Power of Attorneys, Family Trusts, and Weapon Trusts. For the benefit of the Grantor (the owner of the property) if a disability is anticipated, for their descendants, or organizations one wants to donate something. Others trusts that could be needed for the protection of the specific properties –against debts, claims, inheritance taxes, legal fees, court costs, and against other situations.

 

Trustees and beneficiaries will be appointed. Certain properties could be included, and other will not be necessary to include. As in all cases, whether it is a last will and testaments, contracts or trusts, these always will be exposed to legal queries, thus it requires a sensible and clear planning.

 

I have the experience and knowledge of these processes. Let me give you options and assist you with respect and confidentiality. The decision is always yours. Call me for an appointment at (520) 882-0212, or stop by the office at 648 N Stone, or visit the web page: www.lupitashestko-montiel.com

 

 

Lupita Shestko-Montiel, AZCLDP

ArizonaCertified Legal Document Preparer

Tax preparer / Certified for Federal, State and Immigration Bail Bonds.