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So far Erik Alicea has created 22 blog entries.

How Estate Planning Helps Avoid Probate in Arizona

Estate planning is an essential process that ensures your wishes are fulfilled after your death and that your loved ones are taken care of without unnecessary legal hurdles. In Arizona, probate is often a required process when a person dies without a proper estate plan. Understanding how probate works and how an effective estate plan can help you avoid it can save your family from a lot of stress and expense.

What Is Probate and When Is It Required?

Probate is the legal process by which a deceased person's assets are gathered, debts are paid, and the remaining assets are distributed to beneficiaries. This process is typically required if a person dies without a trust or if the value of their estate exceeds specific limits. In Arizona, probate becomes necessary if personal property exceeds $75,000 or if real estate exceeds $100,000 in value.

Q: Are there exemptions from probate in Arizona?
Yes, Arizona offers exemptions for smaller estates. If the deceased person’s estate is below $75,000 in personal property or below $100,000 in real estate, the family can use a small estate affidavit instead of going through probate. This streamlined process helps the heirs claim assets without the need for a full probate proceeding.

However, when an estate exceeds these limits, probate is mandatory, and a personal representative must be appointed by the court to manage the estate's distribution. The personal representative collects all assets, pays off any debts, and distributes the remaining assets to the rightful heirs.

How an Estate Plan Helps Avoid Probate

One of the best ways to avoid probate is to establish a trust. A trust allows your assets to be transferred directly to your beneficiaries upon

Understanding Estate Planning with KEYTLaw: Personalized, Secure, and Simple

Estate planning is more than distributing your assets after you pass away. It is about ensuring your family is protected, minimizing potential conflicts, and making the transition as smooth as possible for your loved ones. At KEYTLaw in Scottsdale, Arizona, our team handles wills, trusts, and estate planning, providing our clients with personalized plans that give them peace of mind.

In this blog, we’ll explore why estate planning is important, how our process makes it easy, and the tools we use to ensure you have a plan that truly meets your needs.

The Importance of Estate Planning

If you have loved ones who depend on you, estate planning is crucial. It’s not just for those with large estates; anyone who owns property, has children, or wants to avoid putting their family through unnecessary legal proceedings needs an estate plan.

Q: What if I don’t have an estate plan?
Without an estate plan, your assets are distributed according to Arizona state law, which may not align with your wishes. Your loved ones could face unnecessary delays, expenses, and conflicts. Estate planning ensures your wishes are followed and your family is taken care of according to your preferences.

Beyond asset distribution, estate planning involves setting up healthcare directives, financial powers of attorney, and trusts to make sure you are covered in all aspects. It also means preparing for unforeseen situations, such as incapacity, by designating who will make decisions on your behalf.

A Family Team You Can Trust

Arizona estate planning attorney Richard Keyt and his son, Richard C. Keyt, lead KEYTLaw. With over four decades of experience, Richard has been serving Arizona families since 1980. Together with his son, who also

How Estate Planning and Buy-Sell Agreements Secure Your Business’s Future

Running a successful business is about more than daily operations and growth—it’s also about ensuring your hard work is protected in the long term. One of the most overlooked aspects of business ownership is what happens to the business if something unexpected happens to you or your partners. That’s where estate planning and buy-sell agreements come into play. These tools provide a safety net, ensuring your business can continue smoothly, protect its value, and avoid costly disputes among family members or partners.

The Importance of an Estate Plan for Business Owners

Estate planning is not just for personal assets like homes or bank accounts. For business owners, estate planning plays a crucial role in safeguarding their enterprise. Imagine having built a successful business, only for it to fall into disarray because no one knows who should take control when you pass away. Unfortunately, this is more common than many business owners realize.

Without an estate plan, a business may struggle to continue operations smoothly. Family members or business partners can find themselves in a legal battle over control, and appointing a personal representative can be a long, complex process. With a proper estate plan, these issues are prevented before they arise. The business continues, the right people take charge, and your family benefits from the value you’ve worked so hard to create.

An estate plan for business owners typically includes components like wills, trusts, and powers of attorney. These documents ensure that your wishes are clear and that your business has someone responsible and capable to step into your shoes. With the right estate plan in place, you can reduce stress and uncertainty for your loved ones while securing your

Understanding Trusts: A Comprehensive Guide to Protecting Your Assets and Legacy

Trusts play a crucial role in estate planning, helping individuals protect their assets, provide for loved ones, and ensure that their wealth is managed according to their wishes. Whether you're creating a revocable trust for flexibility during your lifetime or an irrevocable trust for asset protection, understanding the different types of trusts is essential for making informed decisions.

At KEYTLaw, we help clients navigate the complexities of trust creation, ensuring that their assets and families are protected. Here, we'll explore the different types of trusts, their purposes, and how they can benefit you.

What Is a Trust?

At its core, a trust is a legal contract between three parties:

  1. Trustmaker: The person who creates the trust and places assets into it. Also known as the grantor, settlor, or trustor.
  2. Trustee: The individual or entity responsible for managing the assets placed in the trust. The trustee must act in the best interest of the beneficiary and follow the terms laid out in the trust agreement.
  3. Beneficiary: The person or entity who benefits from the assets held in the trust. The trustee manages the trust according to the beneficiary's needs and the trustmaker’s instructions.

Revocable vs. Irrevocable Trusts: What’s the Difference?

One of the first decisions you’ll need to make when creating a trust is whether to establish a revocable or irrevocable trust. These two types of trusts serve different purposes and offer varying levels of flexibility and protection.

  • Revocable Trust:
    A revocable trust can be amended or revoked by the trustmaker during their lifetime. This flexibility makes it a

7 Warning Signs of Online Wills and Trusts & Why You Should Avoid Them

Creating a will or trust is one of the most significant things you can do for your loved ones. With your estate's future at stake, it may be tempting to go the quick-and-easy route by just using an online template. However, like most shortcuts in life, it comes with risks that can lead to unwanted surprises for you and your family. 

Below, we’ll explore seven key reasons why using online sites and DIY forms for wills and trusts can be a risky decision!

1. One Size Does Not Fit All

When it comes to estate planning, cookie-cutter solutions simply don’t work. Online forms try to simplify the process with a generic template, but life is rarely so straightforward.

  • Your family situation might be complex. You may have blended families, dependents with special needs, or estranged relatives.
  • Personal dynamics often require nuanced decision-making, which online platforms aren't equipped to handle.

In contrast, an experienced estate attorney takes the time to understand your specific needs, ensuring your documents are drafted with all of your unique circumstances in mind. A successful plan is always tailor-made, not pulled off the virtual shelf.

2. Legal Requirements Are Not Always Simple

Different states have different laws, and estate planning is highly jurisdictional. What might be acceptable in one state could be completely invalid in another. DIY will sites generally provide a one-size-fits-all document and often lack updated information regarding:

  • Changes in state laws
  • The requirements for signing or witnessing documents
  • Nuances around specific assets, like property in another state or digital assets

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