The Estate’s Responsibilities to Creditors and the Basics of Transferring the Estate

Dealing with and planning for death is never an easy thing. However, it is important to plan ahead and understand the basics of transferring the estate. When considering your estate or the estate of a loved one, a few important things you should know include:

I. The State Law that Governs Wills and the Transfer of the Estate
First, it is important to understand which state law applies. Generally, the state law that applies is the state where the decedent legally executed the will or, if there was no will, the state where the decedent was domiciled at the time of death. Accordingly, Arizona law applies when there is a valid will that was created in Arizona or when the decedent dies without a will while domiciled in Arizona. The term ‘decedent’ refers to the person who died. ‘Domicile’ is determined according to the location of the decedent’s residence, where the decedent paid taxes, received mail, where he/she was registered to vote, etc.

II. The Administration of the Estate
It is also to understand the basics surrounding the administration of the estate. In Arizona, the court will either appoint a Personal Representative, or will recognize the one named as such in the will. The Personal Representative’s responsibilities include accounting for and protecting all assets in the estate, notifying creditors, and distributing the estate. The Personal Representative may receive ‘reasonable compensation’ in AZ, but it is not a percentage of the estate according to the will or state law.

III. The Order of Priority
Another important concept to understand is the order of priority in distributing the estate. Priority exists for times when the amount of the estate is insufficient to distribute to satisfy all expenses, debts, and intents from the will. The order of priority is generally as follows:

Administration of the Estate - These include administration fees, attorney fees, and any other fees necessary for the safeguard and distribution of the estate.

Statutory Allowances - When the amount in the estate is insufficient to pay out all the allowances, Arizona laws create priority among the statutory allowances. The only thing that has priority over these allowances and exemptions are the expenses to administer the estate. If there is no money remaining after one of the items, the others will not receive anything. The allowance include a Homestead Allowance of eighteen thousand dollars, a Family allowance limited to twelve thousand dollars-either paid in a lump sum or by monthly installments over a 12-month period, and an Exempt Property Allowance of seven thousand dollars.

Creditors - These are the creditors of the decedent, subject to A.R.S. §§14-3801, 14-6102, and §14-6103.

Heirs and Devisees - These are the people who are inheriting property from the decedent according to the will or state laws.

IV. The Estate’s Responsibilities to Creditors
It is also important to understand the Estate’s Responsibilities to Creditors. Upon the death of the decedent, the decedent’s debts are still valid and due to the creditors according to the order of priority already discussed. According to Arizona Revised Statutes § 14-3801, the personal representative must notify all known creditors of the decedent’s death, the appointment of the personal representative, and how to collect on the debt owed. For Unknown Creditors, the personal representative must publish notice once a week for three successive weeks in a newspaper of general circulation in the county announcing the appointment. The creditors must then present a claim within four months of the first published notice.

Seek Counsel from an Experienced Attorney

Dealing with and planning for death is never an easy thing. However, it is important to understand and plan for the disposition of property to loved ones upon such an event. Our attorneys at Gunderson, Denton, and Peterson PC can assist you with your estate planning needs.

Published By:

Gunderson, Denton & Peterson, P.C.
Brad Denton
Arizona Estate Planning Attorneys
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099
Re-Publsihed from: The Estate’s Responsibilities to Creditors and the Basics of Transferring the Estate

Related Post:

Problems With Decision-Making in an LLC

Although there are many benefits that a Limited Liability Corporation (LLC) entity may provide for your company, there is inherent potential for problems with decision-making. To avoid problems with decision-making in your LLC, it is important to be fully aware of governing laws and how they will affect your business.

How to Avoid Problems with Decision-Making in your LLC
Unlike other business entities, owners of an LLC have almost unlimited discretion to decide the roles of owners and management, specifically regarding decision-making. Owners (usually referred to as “members” in an LLC) may choose to manage the business personally, thereby keeping the decision-making power. However, they may also choose to delegate the decision-making authority to managers, those they select to run the business. In this scenario, the owners typically only vote on major decisions, such as amending the Operating Agreement or Articles of Organization, or admitting a new owner. If there are no specifics in the Articles of Organization, the default prescribed by state law is for the LLC to be member-managed.

Decision-Making problems with a Manager-Managed LLC
Creating Manager-Managed LLC with multiple owners is much like establishing a corporation with the Managers as the Board of Directors and owners as the shareholders. Typically, only major decisions, such as amending the Operating Agreement or Articles of Organization, or admitting a new Owner require votes from the owners. The managers make day-to-day operation decisions. This creates an obvious problem if a member disagrees with the decisions that the managers are making. Unfortunately, in a Manager-Managed LLC, the members usually must file a derivative suit in order to overthrow a decision, similar to shareholders against the board of directors in a corporation.

Decision-Making problems with a Member-Managed LLC
Choosing a Member-Managed LLC may create problems with decision-making as well. In a Member-Managed LLC, each member has equal rights, a majority of the votes wins, and each member is responsible for the day-to-day operations. The default rules give each member equal voting and decision-making rights, irrespective of ownership percentage. You can imagine the problems that may arise when there are multiple owners and major decisions to be made under the default rules. This problem may be avoided by allocating rules about voting and decision-making in the Operating Agreement and Articles of Incorporation.

Solutions to Decision-Making Problems in an LLC
Solutions to avoiding these decision-making problems include defining the decision-making powers and roles carefully in both the Operating Agreement and the Articles of Organization at the creation of the LLC. You may choose to be Member-Managed LLC, you may elect the members as managers, or you may define voting rights and decision-making rights differently. Creating an LLC Operating Agreement specific to your company’s unique needs and circumstances will provide effect long-term protection to your business strategies and results. Our Phoenix Arizona business lawyers at Gunderson, Denton & Peterson can further ensure that you create your LLC in the way most advantageous to you and your specific goals with the company.

Published By:

Gunderson, Denton & Peterson, P.C.
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099
Related Posts:

Finance Options for Your Business
How Business Owners can avoid Personal Liability if others attempt to Pierce the Corporate Veil

Questions Businesses May And May Not Ask Prospective Staff In An Job Interview

Questions Businesses May And May Not Ask Prospective Staff In An Job Interview
Employment anti-discrimination laws prohibit employers from asking interview questions that discriminate illegally. Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of race, color, religion, sex, disability, age or national origin. The EEOC (U.S. Equal Employment Opportunity Commission), created by the Civil Rights Act of 1964, enforces these laws. This protection against discrimination extends to hiring, firing, promoting, setting wages, testing, training, and all other terms of employment. Accordingly, certain questions asked during interviewing may be discriminatory, and consequently, the interviewing employer may be vulnerable to discrimination suits. To interview effectively, employers should know these discriminating questions and possible alternatives to avoid such liability.

Questions to Avoid
Employment anti-discrimination laws prohibit employers from asking direct questions about race, color, sex, religion, national origin, birthplace, age, disability, and marital or family status. Some examples of questions employers should not ask are:

Race, Color, Religion, National Origin:
Are you a U.S. Citizen?
Where did you grow up?
Will you need personal time for particular religious holidays?

When did you graduate from high school?
Are you comfortable working with co-workers older/younger than you?
How long do you plan to work before you retire?

Gender & Family Status:
How many children do yo have? How old are your children?
What arrangements are you able to make for childcare while you are at work?
Do you have plans to have children soon?
What does your spouse do for a living?
Are you comfortable working for a female boss?

Do you have any visual, speech, or hearing disabilities?
Are you planning to have a family and when?
Have you ever filed a workers’ compensation claim?
Have you had any serious illnesses in the past year?
How many days of work did you miss last year due to illness?

Possible Legal Alternative Questions:
Rather than asking directly about race, color, religion, national origin, age, gender, family status or disability, the focus of the questions should be on behaviors, skills and experience needed for the position. The questions should be used to discover and predict job-related performance of the potential employee, rather than discovering personal information. Some examples of possible legal alternative questions are:

Race, Color, Religion, National Origin:
Are you authorized to work in the United States?
Do you have any language abilities that will benefit you in this job?
Are you part of any professional or trade groups or other organizations that you consider relevant to your ability to perform this job?
Are you available to work on Saturdays or Sundays?

Are you over the age of 18?
Can you provide proof of age after employment?

Gender & Family Status:
Would you be willing to relocate if necessary?
Do you have any restrictions in your ability to travel?
Do you have any responsibilities or commitments that will prevent you from meeting your specified work schedules?

Are you able to lift 40 lbs and carry it 100 yards, as that is part of the job?
Are you able to perform the essential functions of this job with reasonable accommodations?

Employers should know what questions may and may not be asked according to employment laws. Rather that direct questions regarding race, color, religion, national origin, age, gender, family status, or disability, the questions should focus on skills, behavior and experience needed for the position. Our Mesa employment lawyers at Gunderson, Denton & Peterson, PC can assist you with employment and other business related matters.

Published By:
Gunderson, Denton & Peterson, P.C.
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099
Re-Published from:

Related Posts:
How Can an Employee Handbook affect the Employment Relationship?

I’ve been getting unemployment now the company is appealing

Despite the Lessons Presented from Arizona’s SB 1070, Georgia Passed its own Version, HB87

Despite the lessons presented from Arizona’s SB 1070, Georgia passed its own immigration reform bill, the Illegal Immigration Enforcement Act, HB 87. Although moral and political issues are at the forefront, the detrimental impacts on Georgia’s economy may exceed the negative affects of Arizona’s SB1070.

Similar to Arizona’s SB 1070, Georgia’s HB 87 makes it a crime to knowingly harbor or transport undocumented immigrants, imposes harsh penalties for providing false papers to undocumented immigrants, orders law enforcement to check the immigration status of anyone they “reasonably suspect” to be in the country illegally, and expands the requirement for employers to use the federal E-verify system, which checks the work eligibility of employees.

Many criticize Georgia for not learning the lessons Arizona’s SB 1070 has presented us, and further predict that the Georgia immigration bill will bring similar detrimental impacts, just as Arizona’s SB 1070 has. After passing SB 1070 in April of 2010, Arizona lost an estimated $141 million dollars from cancelled conferences, $250 million in lost economic output, a projected $86 million in lost wages, 2,800 jobs over the next two to three years, and more than $1 million the state spent in legal fees defending the law.

Modeled after Arizona’s SB 1070, Georgia’s HB 87 provided a similar outcry of opposition. Costly litigation ensued. Several provisions were found unconstitutional. Many argued that Georgia would subject itself to the same negative financial effects that befell Arizona after enacting SB 1070. The major financial concern is the negative impact on Georgia’s agricultural industry due to the reduction in migrant workers (both documented and not). Notwithstanding arguments of moral and ethical issues, and projected negative affects to the agricultural industry in Georgia, Governor Nathan Deal signed the bill into law on May 13, 2011, with an effective date of July 1, 2011. The E-Verify requirement for employers went into effect on January 1, 2012.

Although it is too soon to see all the damage the HB 87 will cause in Georgia, there are already strong indicators of detrimental effects. The Center for American Progress released a report stating that Georgia’s economic losses will be at least as serious as what Arizona suffered, and projects the losses to continue to grow over the coming years. The study predicts four key detriments:

* Farmers will likely replace the absence of migrant workers with mechanized processes. As a result, $800 million per year could be lost.

* Due to resource discrepancies between larger and smaller farmers, the loss of migrant laborers will affect smaller farmers more severely.

* Loss in the state’s agricultural sector will have negative financial impacts across all industries. This will lead to an increased unemployment rate statewide.

* Changes in Georgia’s agricultural industry will have negative affects across the country, including higher food prices and possible issues with food safety.

Despite the effects from Arizona’s SB 1070 and other legislative history, Georgia farmers and Americans around the country may shortly see the harm of lessons taught, but not learned. Although moral and political issues are at the forefront of immigration reform, the detrimental impacts on the economy may prove the biggest impacts of Georgia’s Illegal Immigration Enforcement Act, HB 87. 

While politicians continue to attempt to pass immigration reform, qualified Phoenix Arizona Immigration Attorneys remain the best source to learn what options are available now for both employers and workers who wish to protect their interests and secure their lawful status in the United States.

1) In Georgia, Politics Trump Common Sense on Immigration; Leaving “Wisdom, Justice and Moderation” Behind, 4/15/2011. Immigration Policy Center, American Immigration Council.

2) How Georgia’s Anti-Immigration Law Could Hurt the State’s (and the Nation’s) Economy, Center for American Progress, Tom Baxter, October, 2011. 

Published By:

Gunderson, Denton & Peterson, P.C.

1930 N. Arboleda, Suite 201

Mesa, Arizona 85213

Office: 480-655-7440

Fax: 480-655-7099

For more on Arizona immigration law see: 

Family Based Immigration Lawyers

Comprehensive Immigration Reform Act of 2011 Introduced: An Attempt to Fix a Broken Immigration System

Arizona Estate Planning: What are the risks of making your own paperwork?

With the help of web based tools and textbooks, thousands of people bypass law offices to create their own wills, powers of attorney as well as other estate planning forms. The advantages and disadvantages of making your own legal paperwork without specialized help fluctuate by person. For people who have complicated family or legal situations concerning young children from different spouses or major wealth, professional help is essential. For young, single men and women with somewhat easy necessities, few belongings and no complicating elements there’s room for difference of opinion.

Generally even in very easy conditions, folks make a few mistakes when they fill out their own forms. Folks often get a false feeling of protection from generating their own legal forms, where answering one question wrongly or overlooking something such as employing a guardian for kids or not planning on a successor; future needs and problems can result in big troubles in the future.

Experienced Mesa Arizona estate planning attorneys are aware of the things to ask, and know what to do with the answers.

Without an estate planning attorneys assistance, you may not understand the technical but significant terms of significant paperwork. Consequently, you might mistakenly give a person more power than you intend to at the wrong time when producing a “durable power of attorney” record, for instance. That record essentially gives someone else the ability to look after your finances. If that particular person isn’t trusted, he or she may steal from you. If the file isn’t done adequately or doesn’t have specific required language then it might not be legitimate.

An additional danger is when it comes to transferring your property to your meant beneficiaries after you die, a self-written will may possess omissions or statements that lead to accidental outcomes. Without the help of an estate planning law firm, a person might not prepare for contingencies like being pre-deceased by children, divorce proceedings, or the births of new kids, unknown collectors of recipients, etc.

In the event you don’t think you can pay for an elaborate estate plan at present, get started with what you can afford. After that, let your planning develop and expand as your desires change and your financial situation improves. Don’t attempt to do this yourself to lower your expenses. A skilled Arizona estate planning attorney will provide critical assistance and reassurance that your precise plan fits your wants.

* This blog is written by a third party and nothing in this blog should be taken to constitute professional advice or a formal recommendation and we exclude all representations, warranties, legal liability or responsibility relating to its content. The information in this blog is for general information purposes only.

How do I Buy An Existing Arizona Company?

Writing a sales contract that may improve your return on investment and limit obligations

Large risks are involved when setting up a company. In accordance with the Small Business Administration, only 50 % of new companies survive past 5 years. A great way to decrease the risk of as being a company owner is to find an active business with proven earnings or profits. However buying an existing enterprise will reduce risk, it comes with a heavy price. To secure the investment, a consumer needs to make sure he receives just what he bargained for. This can be accomplished by being sure that an extensive sales agreement is established.

When selecting a business there are numerous issues that really need to be dealt with. A Mesa Arizona business lawyer may help you by asking the important questions and directed at the areas that may have the biggest influence on the companies future success. Such as, what parts of the organization should you obtain? Is it best to buy the existing company entity or should a new entity be developed to simply purchase the assets? The manner in which the organization is purchased may have a great influence on a organizations future obligations. The response to these questions would depend on the precise situations surrounding each organization purchase. 

When selecting a business, there is normally a concern that the former owner will open a new rivalling organization. To eliminate this potential, a law firm can make a Covenant not to Compete. This covenant really should be an essential part of the sales agreement as it stops the former proprietor from being a competitor for a determined timeframe, improving your probabilities for success.

Buying a company without a comprehensive sales settlement exposes you and the business to financial risk. Through the help of a qualified Arizona business attorney, you may reduce your risks and enhance your potential profits by having a beneficial sales agreement that handles the key concerns.

Family-Based Immigration Lawyers

Identifying the possible immigration possibilities depends upon all the conditions. Generally, before anybody could become a US resident, they have to first become a Permanent Resident (i.e., get a “green card”). Citizenship is a totally different issue - Therefore i will save that, too, for a future posting. First points first!

To be a Permanent Resident of America, there must be a US citizen sponsor who’s the individual’s husband or wife, mother or father, adult child or sibling. A Permanent Resident (a “green card” holder) can even be the sponsor, but only for the Permanent Resident’s husband or wife or unmarried child. 

If the individual attempting to get Permanent Residency (a green card) is the wife or husband, mother or father or minor child of a U.S. resident, they’re defined as “Immediate Family Members.” That could be a substantial plus. For Immediate Family Members, the process will be quicker: 4 to 6 months, occasionally (of course much is determined by their particular situations).

If the individual seeking to immigrate is not an “Immediate Relative” the process normally takes a lot longer. For these individuals there is a limited number of immigrant visas offered on a yearly basis. This restricted number is further more ‘rationed’ to a given amount for each country, and also for every different visa section. It is really wise to talk to a Mesa visa law firm to accomplish this procedure.

Year after year, much more individuals apply than the quantity of obtainable visas. Thus there are backlogs. The length of the backlog depends on the actual relationship to the person’s sponsor, and also will depend on the country they were born in. Relying on those aspects, the backlog could be about 8 months to about Twenty years!

These are simply the threshold factors. There are numerous additional issues to consider that may impact the available choices. As you can see, this process could become rather difficult! Contact a Mesa immigration lawyer today!

This blog is written by a third party and nothing in this blog should be taken to constitute professional advice or a formal recommendation and we exclude all representations, warranties, legal liability or responsibility relating to its content. The information in this blog is for general information purposes only.

Discussing Your Commercial Lease and Getting Help From an Arizona Real Estate Legal Professional

Making sure that you are not on the wrong side of a one-sided legal contract!

Most firms rent the property in which they do business. The lease could be a substantial investment for a enterprise, and sometimes can be the difference between obtaining a profit or battling a loss of profits. The rental may also commit an organization for an expanded time frame, closing off other alternatives. Therefore, it is very important that companies discuss cautiously when selecting their rental terms and seek the services of an expert Phoenix real estate legal representative to evaluate the legal agreements.

Commercial Lease Talks

Creating a commercial lease is very different from creating a residential lease. Business renters are thought to be more sophisticated additionally they receive less protections under the laws. Furthermore, the terms of a business lease are usually far more negotiable than the terms of a residential agreement. The initial draw up of a commercial lease that is presented to a potential tenant normally has terms that highly benefit the landlord. Nevertheless, it is predicted that the tenant will settle more equitable terms. Listed below are some basic issues which should be clearly addressed in your contract:

Exactly what is the term of the rental and when will it start? Is there a renewal choice and whose choice is it?

Is the leased property clearly mentioned? Will it include restrooms, common spots, or parking?

Who pays the utility bills, repairs, taxes, and insurance coverages?

Will you have a gross rental, a net rental or some combination?

Is there an exclusivity clause that stops the landlord from leasing to a competition? Exactly what is the concept of a rival?

How much is rent? Will the rent raise each period? Is there a limit on the amount that rent payments can increase?

Thorough Overview of your Industrial Agreement

There are lots of critical specifications that is essential in your lease. Commercial leases may become complex, and it is vital that you speak with a legal professional informed about real estate deals to ensure that you receive a rational industrial lease that will benefit your business. Many of the Mesa real estate attorneys at Gunderson, Denton & Peterson have experience with analyzing, bargaining and litigating business leases, and regularly counsel with clients to identify key issues and safeguard clients’ particular lease interests.

*This blog is written by a third party and nothing in this blog should be taken to constitute professional advice or a formal recommendation and we exclude all representations, warranties, legal liability or responsibility relating to its content. The information in this blog is for general information purposes only.

Seeing Arizona Business Regulations and Arizona Real Estate Legislations in a Distinctive Light

When it comes to business legislations and real estate law, Arizona is very something else. In the state of Arizona, the real estate law covers a lot of factors about rental properties and selling your property. With all of these legalities, it is important that you have a real estate legal professional that you may consult with because you don’t want to get found in technicality like if you are renting a home. Under the laws, you need to thoroughly disclose all information about the home that you are selling; any attempt of concealment is a infringement of the regulations and might be charged as a class six felony, something you can refrain from with the assistance of your Arizona real estate lawyer. So, it is really vital anytime you’re thinking about renting out your home or selling it, know the regulations through your real estate legal professional because they will enlighten you with what you ought to do.

When it comes to comprehending the Arizona Business Legal requirements, it is always important to get the qualified recommendations of a business legal professional so that you will entirely know the severity of your rights within the procedure. It is recommended that when you are establishing a company, you have to know the legal aspects that is involved in the business and a business legal representative is the man or the woman to do the job. Nothing beats understanding what you can and should not do, when you decide to launch a business. If you’re up to exploring, you are able to look at the Arizona State website, as they provide several services and they have a web link that goes straight to business legal requirements. There you’ll find all that you’ll need to learn and if there are some or any details which you cannot fully grasp, get in touch with the closest or a reputable Phoenix business lawyer to get the expert consultancy that you need.

It is simply really a matter of knowing what you can and should not do when it comes to legal requirements, should it be for real estate or for your enterprise. It’s a smart step to know an Arizona business attorney or an Arizona real estate legal practitioner being that they are the best people to ask for the many questions which you have with regards to real estate or business.

*This blog is written by a third party and nothing in this blog should be taken to constitute professional advice or a formal recommendation and we exclude all representations, warranties, legal liability or responsibility relating to its content. The information in this blog is for general information purposes only.

Beneficial Help From Arizona Immigration and Visa Legal Professionals

Phoenix visa attorneys and immigration attorneys both specialize in similar concerns relating to immigration law, travel visas, asylum instances, as well as some areas of international business. Immigration law firms are located in almost any country around the world and they focus on helping men and women correctly visit or relocate to their particular countries. This may mean assisting a person receive a travel visa to study at a university or college in the united states or it could mean aiding a family to get travel visas to visit the country for a summer vacation trip. Additionally, they might need to assist temporary personnel obtain the legal resources to become citizens or permanent residents. Arizona immigration law offices will be able to also aid individuals that are applying for asylum in the country or in demand for someone to vouch for their human legal rights case to stop deportation. More severe circumstances may include them helping people that have broken the immigration laws and regulations and stayed over the period of time they were originally allotted to visit the country. 

Some international enterprises could use these types of law firms to assist them to bring international staff to the nation within the law and secure their work visa paperwork. Regardless, most countries have very complicated immigration rules that can cause people lots of challenges if they don’t understand them. A number of people will meet with a Arizona immigration attorney to discuss the legalities of their visit before they leave and maybe even when they are there to make sure that they stay legal.

*This blog is written by a third party and nothing in this blog should be taken to constitute professional advice or a formal recommendation and we exclude all representations, warranties, legal liability or responsibility relating to its content. The information in this blog is for general information purposes only.