Claimed Lawyer ProfileQ&A
- Estate Planning
- Free Consultation
- Credit Cards Accepted
Jurisdictions Admitted to Practice
- English: Spoken, Written
- Attorney / Founding Member
- Seiter Law, PLLC
- - Current
- Arizona Summit Law School
- J.D. (2014) | Law
- Honors: Summa Cum Laude, Order of the Quill
- Arizona State University
- Bachelors of Interdisciplinary Studies (2010) | Organizational Studies
- Clients' Choice Award
- J. Reuben Clark Law Society
- - Current
- Making Sense of Wills, Trusts, Probate and Incapacity , New Frontiers Lifelong Learning , Mesa Community College - Dobson Campus
- New Frontiers
- Certified Financial Planner
- Certified Financial Planner Board of Standards
Websites & Blogs
- Seiter Law Website
- Seiter Law Blog
- 9 Reasons to Update Your Estate Plan, 2020 Edition
11 October 2020
- Why Patriot’s Day is a Reminder to Plan
11 September 2020
- #NationalGriefAwarenessDay Teaches Us to Reach Out to Those in Need
28 August 2020
21 Questions Answered
- Q. Re: A family trust 3 children, trust is to divide equally. In the trust, property is "conveyed' to one son by parents
- A: It is probably in your best interest to show the full trust to an estate planning attorney, because the information provided here seems incomplete. For example, if the trust first says that the house is to be conveyed to the son as his sole an separate property and then later the trust says something like, "the rest, remainder and residue is divided equally to our three children," then no, the son receiving the house would not have to buy out the other children using his share. However, if there is additional language in between those statements or if those statements are made in a different order, the result could be completely different. Another consideration is whether the son would receive the house free of any mortgage or would the trust pay off the mortgage before conveying the house. All of this is hypothetical until a competent attorney can see how the trust is worded exactly before a specific opinion can be given. I wish you luck in your search for a good attorney to help you with this.
- Q. When does a POA expire? At death?
- A: In addition to the other attorney's response, although by law the power of attorney doesn't necessarily expire, banks and financial institutions are notorious for not honoring powers of attorney that are more than a few years old. In other words, its a good idea to have them "refreshed" every once in a while.
- Q. Is a will or trust preferable to set up when you have assets in excess of $100,000?
- A: This all depends on many factors such as your family makeup/dynamics, the types of assets you have, your health, expected longevity, and who you want to inherit those assets. A will-based plan can be adequate for some people with even a few hundred thousand in assets depending on circumstances, while a person with even less may find a trust-based plan to be more suitable. I suggest that you speak to some Estate Planning attorneys in your area about these questions. Many offer complementary consultations. Good luck.
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