About Elkins & Pones PLLC
Estate Planning Lawyer in Oro Valley, Arizona
The primary reason is that if you have no estate plan, you will give the State of Arizona the right to decide what will happen to your assets and your family will probably need to retain a lawyer or lawyers to probate your estate. Your assets will be distributed to beneficiaries determined by judges, not by you. It also causes unnecessary delay in the distribution of your estate. The probate of your estate will be much more expensive than having your estate planning completed by a professional, and we can tell you ways to avoid probate altogether.
If you have minor children at the time of your death, the court will decide who will be their guardian, instead of you making that decision. The court will also decide who will manage the children’s social security benefits and their inheritance while they are minors and then will give them their entire inheritance when they turn eighteen. This is usually unwise, as most young adults are often not capable of managing the assets you accumulated throughout your life.
Finally, if you were become incapacitated, it is possible that your family members would need to have the court appoint someone to act as your guardian, the person who makes decisions about your welfare, and also appoint a conservator to manage your money.
All of these scenarios can be avoided if you have a properly drawn estate plan.