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Is Probate necessary for you? Perhaps there’s an easier way.

If the estate includes less than $50,000 of personal property and less than $75,000 worth of real estate then you may be able to take advantage of A.R.S 14-3971, Affidavits of Succession.

WAGES

After the individual’s date of death, an affidavit may be given to his or her employer at any time. This can authorize the surviving spouse to receive any wages due up to $5,000 (as long as an Application for probate proceeding isn’t pending).

PERSONAL PROPERTY AND DEBT

At any time after 30 days from the date of death an affidavit may be drafted obligating the possessor of any tangible personal property owned by the decedent to be turned over to the successors. Tangible personal property includes stock. The same is true for any legally binding debt owed to the decedent, it must be paid. There are two caveats:

1) That the total value of the combined personal property value and indebtedness not exceed $50,000 and;

2) A Probate proceeding is not currently pending in court.

MOTOR VEHICLES

These fall under personal debts and tangible personal property. An affidavit is drafted and sent to the Dept. of Motor Vehicles, which then provides a new title to the beneficiary.

These personal property/debt affidavits don’t have to be filed with the court, nor do they need a signature from a Judge, nor a stamp from the Probate Registrar to be legal. When providing a possessor of one of these assets with an affidavit, it may also prove smart to supply them with a copy of the statute so they can understand its legality.

REAL ESTATE

Not before 6 months from the date of death may the successor file in court under which the deceased was domiciled at the time of death (or if the deceased wasn’t domiciled in Arizona, then the county in which the real estate is located), subject to penalties of perjury, describing the property and the decedent’s interest in that property along with the following affirmations:

1) No probate proceeding is underway in any jurisdiction for the decedent.

2) That the value of the property, less liens and encumbrances, does not exceed $75,000 as valued at the date of death.

The real estate’s value is established using the value in the assessment rolls for the year when the death occurred. If there is any debt that is secured by a lien on the property, then the value is established by the unpaid principal balance due at the date of death.

3) Expenses relating to the individual’s last illness before death, the funeral costs and all unsecured debts have been paid off.

4) There is no other individual who has rights to the interest of the decedent.

5) There is neither federal or Arizona estate tax due on the estate.

Once the affidavit is in order and filed with the court, the court will issue an Order which requires the Probate Registrar to then issue a certified copy of the affidavit.

By going through this process and recording a certified copy in the county where the real estate is located, the successor puts everyone on notice about whom the new legal property owner is at this time.

Quick, easy and able to be prepared by a competent paralegal (or certified document preparer), Affidavits of Succession are a superb alternative to probate.

written by Stephen Trezza

Even the safest motorcycle riders can still be involved in accidents. In fact, vehicle accidents involving motorcycles cause an enormous number of deaths and injuries every year. If you’re involved in an accident, you’ll probably have to talk to a motorcycle accident lawyer to be sure you’ll get the kind of compensation that’s due to you under the law.

The most common cause of motorcycle accidents is collision with a car, truck, or other passenger vehicle. Most of the time, the person driving the passenger vehicle has failed to treat the motorcyclist with the respect he or she is due as another vehicle on the road, and has violated right of way. If the motorcyclist is unable to stop in time, a collision will occur.

Since motorcycles are much less well protected than a car, the motorcyclist is likely to be injured. If you’re involved in a motorcycle accident, it’s important to seek medical attention immediately. Even if you don’t feel like you need attention, you may have an injury that will worsen and require attention later.

Once you have visited your doctor, you should take the time to look for a personal injury lawyer that has experience with motorcycle cases. The attorney you choose can have a big impact on the way a claim turns out, should one be appropriate to your situation. Because the legal system can be very complicated, it’s wise to seek the advice of a professional.

While you won’t necessarily be filing a claim, it’s still smart to talk to a lawyer. He or she can tell you if your situation is one that needs a claim. Remember that you might not be aware of the compensation you’re due.

Lawyers who are familiar with all the regulations and laws having to do with motorcycle accidents are the best choice for your needs and those of your family. Remember never to sign any forms having to do with the accident before talking to your lawyer. It’s possible to inadvertantly end up signing away a portion of your award.

Your solicitor can help you make sure your interests are protected, even if you don’t end up making a claim. This could result in the difference between getting insurance damages for the whole amount of your bills and expenses, or only part of them. If you’re not sure about anything, remember to ask your lawyer.

Not everyone will need to file a claim for damages due from motorcycle accidents, but many will. That means that one of the first steps should be getting in contact with a lawyer that you trust. You have to estimate your claim and build it up to make sure you’ll get what you deserve.

Remember, if you’re in a motorcycle crash, first see a doctor, then a motorcycle accident lawyer. A good attorney will help you get a fair decision while you deal with your injuries and the loss of your motorcycle. Getting the right lawyer could have a significant impact on how your claim turns out.

written by Eran Malloch

If you’ve recently been in a car accident, one of the things you might be concerned about is your legal options. Should you handle the claim yourself, or hire a car accident lawyer? Most of the time, you should at least talk to a lawyer who has vehicle accident experience and can tell you all the options available to you, even if you don’t hire him or her.

Most people will end up needing to hire an attorney. That’s because the legal claims system in vehicle accidents can be confusing, especially if you’re new to dealing with it. Add to this the stress of injury, and often the loss of a car, and many people don’t feel ready to face the situation on their own.

In some cases, where the damage and total medical expenses are low, and you have no permanent injuries, a lawyer may be unnecessary. However, if you’ve been in an accident where significant damage was caused to your vehicle and your injuries were more than a few bruises and scrapes, you’ll need an attorney to help you with your claim.

If you don’t need the services of a car accident lawyer, a good one will tell you. Some offices won’t even accept a claim below their minimum. Many law offices will also offer you free consultations, so contacting someone with experience is almost always a good idea.

Claims are made against the ICWA, or Insurance Commission of Western Australia, when injuries are caused by a vehicle, or in an accident involving a motor vehicle. The first step is notifying the ICWA of your intention to make a claim. The ICWA will then liase with you, and may pay your medical bills.

In this situation, your car accident lawyer will help you by estimating your claim, and helping you to solidly build a case. Eventually, your claim will either be settled out of court, or brought to court trial. In both cases, you’ll need to fight for the appropriate compensation.

Your attorney can do the fighting for you while you’re dealing with injuries and possible vehicle loss. Court trials aren’t often needed, but try to be prepared for the possibility, and make sure your lawyer is, too. Good solicitors should be willing, ready, and able to fight in court, though they mostly use their skills as part of the process of settlement.

It’s important to look for a lawyer that you feel comfortable with. Talk to your prospective attorney and see how he or she reacts to your case. If you feel uncomfortable, or as though your lawyer is pushing for something you don’t want, there’s nothing wrong with talking to other attorneys before you make your choice.

If you’ve been involved in a motor vehicle accident where your injuries or damage to your property was substantial, it might be time to call a car accident lawyer. Take the time to consult with a professional who will help you navigate the quagmire of filing and winning a claim. You’ll be glad you did, when you receive the compensation that you deserve.

written by Shamus Gretskin