Everything You Need to Know When Hiring Hallie R. Tessendorf as Your Fountain Hills Probate Attorney
How Much Does It Cost to Hire You as My Fountain Hills Probate Lawyer?
Each probate is different, which makes it very difficult for our office to provide you with a set price for your probate case. Typically, like most investments in life, if a lawyer's rates seem too good to be true, they probably are.
A better price doesn't necessarily mean better service or advice. For instance, a lower fee might get you a Fountain Hills probate attorney that gets you appointed as personal representative. Still, they provide minimal or poor guidance throughout the duration of probate. That's not extremely helpful when you need a probate attorney—you want someone who will be with you every step of the way, discussing your options and navigating the case.
Often, when we start working on a probate case, we don't yet know what issues or complexities might arise. Some of the things that may make probate more complicated include:
- Significant debts
- Will or trust challenges
- Complicated assets that are difficult to distribute
With so many unknowns, we frequently work on an hourly rate instead of a probate flat fee. This way, we can continually evaluate during the process if we are being efficient with the estate's resources and make adjustments when and if necessary.
When hiring an attorney, it's essential to remember that you aren't personally responsible for the probate expenses. Legal fees, as well as personal representative compensation and reimbursement, will come out of the property that is within the probate. Considering all of these factors, a reasonable probate should ultimately cost between $7,500 and $10,000.
Do You Offer Free Probate Consultations in Fountain Hills?
Yes, it is crucial to speak with our professionals to determine if we need to open probate and how we can help and support you throughout the process. A consultation is an excellent way to determine if our firm is a good fit at no risk to you.
What Should I Expect after Hiring You as My Fountain Hills Probate Attorney?
Our job is to guide you along the probate process and ensure you have the support and resources you need during each step, including:
- Opening probate
- Collecting assets/paying creditors
- Distributing the Estate
- Closing the probate
Our team of experienced Fountain Hills probate attorneys and paralegals will provide you with a reliable roadmap at the beginning of the probate process. You can count on us to prepare all of the court documents, ensure that the probate requirements are met at the right time, and act as your representative to beneficiaries, creditors, and the Court. Most importantly, we will be a resource for answers to all of your questions regarding selling a home, collecting an account, paying a creditor dealing with a beneficiary, or anything else probate-related.
What Are the Potential Issues or Complications That Could Arise in My Fountain Hills Probate Case?
While many complications in probate are unavoidable, with our guidance, you can be assured that they will be minimized. Thankfully, the probate process has built-in protections for the personal representative if they follow specific steps. We will help you with these steps.
One of the issues we always help our clients navigate is what debts must be paid. By taking steps such as publishing in a newspaper or sending a notice, our professional staff can ensure that creditors are efficiently dealt with.
Another significant issue we help our clients navigate is getting beneficiaries to sign off on the probate process. This is a legal requirement to close the probate. Our goal is to ensure that when we ask them to sign off, they have confidence that everything is in order and has been taken care of correctly.
How Long Does the Probate Process Take in Arizona?
Arizona's probate process is quite efficient. Once opened, the probate case will remain open for at least four months. However, we usually recommend that people expect the probate to take between six months to a year. During that time, however, we will work with you to make a partial distribution, take steps to liquidate assets, ensure you are receiving reasonable compensation, and keep the probate moving. We know waiting for the process to be over can be frustrating and time-consuming, but we will do all we can to ensure your probate is closed as soon as possible.
Do You Have Experience with Complex Probate Cases in Fountain Hills Involving Trusts, Contested Wills, or Tax Issues?
While we are very experienced in probates, much of our professional legal work includes trust administration and formal petitions in probate and tax issues. When we meet with a client, we discuss how a probate may tie in with other issues that arise due to the death of a loved one.
What Are the Next Steps to Set Up My Probate Consultation and Hire You?
If you are interested in hiring our firm to help with your probate case, please call our office. We will schedule your free consultation at your convenience. We offer initial consultations either in person or over Zoom.
The Detailed Fountain Hills Probate Questions I Get Asked the Most
How Can You Help Get My Parent’s House in Fountain Hills Out of Probate?
A large percentage of our clients must open probate because of a home. Whatever it involves, we will help you professionally appraise the property, provide guidance on steps to take to maintain and get the home ready to distribute, and then distribute the house.
It takes an entire network of experienced professionals to deal with a home in probate. We will help you determine the best way to handle the house and either sell it or distribute it to the beneficiaries within the probate case.
My Parents Had a Will. Why Do I Need to Go to Probate?
Unfortunately, many people believe that your estate won't have to go through probate if you have a will. A will details your parents' wishes but doesn't allow for the property to pass through probate court without some type of action.
The probate process certifies that we have a valid will and that the correct person is going to be appointed personal representative. Even still, there are some instances in which probate isn't legally required— if the value of the financial assets is less than $75,000 or equity in the home is less than $100,000. Therefore, we will examine the estate's assets at our initial consultation and determine if a probate is legally necessary.
My Parents Had a Trust. Why Do I Need to Go to Probate?
A trust is a reliable tool to avoid probate. Unfortunately, if a bank or financial institution is requesting probate documents, it's likely that the trust did not own the asset but rather is still in your parent's name. It's quite common to find that not every asset was funded correctly into the trust. But, through the probate, we can help you transfer the assets into the trust.
Why Do I Need a Fountain Hills Probate Attorney in the First Place?
Acting as personal representative in a probate case should be considered a job. You are held to a standard and expected to follow specific laws. You take on liability in managing the estate's assets reasonably, following the wishes of your deceased loved one.
When you hire an experienced Fountain Hills probate attorney, you ensure you will do your job effectively and successfully. We will ensure you fulfill your fiduciary duty to your loved one's estate. Our staff will guide you on what is reasonable and prudent. In addition, you can rely on our probate experience and knowledge of probate regarding handling various assets of an estate.
What Assets Have to Go Through Probate in Fountain Hills?
Generally, probate is required if there are financial assets or real property, such as a home, owned by the deceased person (regardless if they have a will or not) at the time of their death. Most often, this includes their home, vehicles, checking and savings, and investment accounts. Assets with a designated beneficiary, such as life insurance or retirement accounts, don't typically go through probate unless no beneficiary has been named.
I Am Named the Executor, and I Live Out of State. Can I Be Appointed in Arizona?
Yes, you can serve as a personal representative if you live outside of Arizona. There are no legal issues with this. In fact, we have many clients who don't live in Arizona, and we correspond with them over email or phone. We also have a network of professionals who can help you manage assets that are in Arizona so that you don't have to spend significant time here during the probate process.
