Other Family Law Topics
Wills and Trusts
Everyone should have an updated will, as well as a healthcare directive and powers of attorney. This is especially true if you have children or a spouse with whom you are financially interdependent. It is also important to review your will whenever there is a change in your family:
- Termination of parental rights
The important thing to remember about designing a will, a trust or a power of attorney is that it should reflect your wishes as well as the needs of family members who are dependent on you. Talk to a lawyer to determine which documents you should prepare and how to plan for your consultation to plan the content of your will and trusts.
A Will can include other instructions besides how your money and other material assets will pass on to your designated beneficiaries. Your will can state your wishes about who you would wish to be the guardian of your children in the event of your death while they are minors. It can spell out your wishes regarding a funeral and burial.
A Living Will
A Living Will is another term for a health care directive that states your wishes in the event that you are incapacitated or on life support. Your health care directive can specify under what circumstances you would want to be resuscitated, and under what circumstances you would want to be taken off life support and allowed to die naturally if you were very seriously ill or injured.
Trusts may allow you to protect assets from estate taxes. A special needs trust can protect assets for a disabled child (minor or adult).
A General Power Of Attorney
A General Power Of Attorney would allow a designated personal representative to make decisions for you, pay bills from your bank account and generally sign any documents which you would sign if you were able to make your own decisions.
At the Riebesehl Family Law Offices, we are known for our listening and informative approach to helping clients with wills, trusts, and powers of attorney. We are careful to ensure that your wishes are clear and that your testamentary documents do not conflict with any other legal directives that you may have, such as a real estate title, a prenuptial agreement or a postnuptial agreement.
Contact Our Estate Planning Law Firm in Phoenix · Wills and Trusts · Attorney Consultations At Riebesehl Family Law Offices, we provide understanding and compassion for the delicate issues associated with divorce and family law. Contact our law offices to discuss estate planning with an experienced Arizona estate planning attorney.
Arizona Prenuptial Agreement Attorneys Manage Your Arizona Property Rights Just as Arizona probate law provides a default set of rules for inheriting property in the absence of a Last Will and Testament, Arizona divorce law can be seen as a set of rules for dividing property between divorcing spouses if they have not made other arrangements themselves.
Contact Riebesehl Family law offices for advice about your options for creating and enforcing your own arrangements through a prenuptial agreement. Our Phoenix family law attorneys are able to negotiate, draft, review, enforce or challenge the terms of an agreement you and your spouse either reached or are negotiating. We can also review a prenuptial or postnuptial agreement and advise you of its enforceability.
A prenuptial agreement cannot predetermine the obligations of either party to pay child support or provide for child custody orders. Most other decisions that would need to be made in a divorce or breakup can be enforced. You can outline each party’s interest in assets, assign debt allocation and define pre-relationship property so that no confusion as to ownership arises. You may also specify alimony rights or waive those rights in a prenuptial agreement.
Postnuptial Agreements Our law firm is also able to advise clients about postnuptial agreements, which are executed after marriage but operate in a similar manner to a prenuptial agreement. People interested in forming business partnerships or investing in corporations often find that a premarital or postmarital agreement is useful or even required as a condition of joining the business.
Domestic Partnership Agreements Same-sex partners or people who prefer to live together and not marry stand to benefit significantly from a domestic partnership agreement. We help clients avoid complex and expensive litigation in civil court by drafting effective domestic partnership agreements.
To learn more about our experience with prenuptial agreements, contact Riebesehl Family Law Offices in Phoenix.
Estate Planning & Probate Litigation
Phoenix Estate Planning Attorney Arizona Lawyers Providing Wills, Trusts and Probate Advice At Riebesehl Family Law Offices, our concentration on family law and the changing circumstances of families following divorce makes our estate planning practice a valuable additional service for our clients. Most people need Wills, Powers of Attorney and Living Wills in order to ensure that their wishes are honored. Wills and trusts will also usually need to be updated or amended after a divorce, adoption or other significant family events. Our law firm handles the estate planning needs of everyone including same-sex couples and domestic partners.
If you do not have a Last Will and Testament in place, Arizona law provides a default set of inheritance laws known as intestate succession. However, most families prefer to define their own distribution of assets.
For some families, basic trusts can also help achieve other estate planning goals ranging from probate avoidance to the management of tax liability or providing for a favorite charity.
Regardless of the size of your estate, it is a good idea to have Powers of Attorney and a Living Will in place as well. These instruments do not relate to the transfer of your assets but involve instead the management of your own affairs in the case of an incapacitating accident or illness.
Powers of Attorney name persons you trust to manage your finances and medical treatment when you are unable to do so yourself. They can also help avoid the need for an appointed guardian. An Advance Health Care Directive or “Living Trust Will” makes your intentions clear about life support in cases of extended coma, persistent vegetative state or other terminal conditions.
We will be glad to execute your Power Of Attorney and/or Wills and refer you to an estate planning and probate litigation practice attorney for such cases. In cases ranging from will contests and claims of undue influence to breach of fiduciary claims against executors or trustees, Riebesehl Family Law Offices does not help people resolve probate disputes.
To learn more about the estate planning and probate litigation practice call Riebesehl Family Law Offices for help with these matters at (602) 621-0779.
Phoenix Marriage Annulment Attorney
If your recent marriage needs dissolution, is an annulment or a divorce more appropriate? People who need to dissolve a marriage sometimes believe that an annulment is a right solution in their situations, such as the following:
- The marriage took place between people who were not eligible to marry: Parent and child, grandparent and grandchild, brother and sister (including half-siblings), uncle and niece, aunt and nephew, minor without parental consent, first cousins under age 65 or same-sex couples (ineligible for marriage in Arizona).
- The marriage was entered into on illegal grounds because one spouse was still married to someone else or one spouse was too young to marry without parental consent.
- The marriage allegedly was based on fraud.
- The marriage took place when one or both parties lacked the capacity to agree to it, due to mental illness or being under the influence of a mind-altering substance
Arizona statute 25-301 spells out the grounds for an annulment: “Superior courts may dissolve a marriage, and may adjudge a marriage to be null and void when the cause alleged constitutes an impediment rendering the marriage void.”
How does this technical legal jargon translate to the right course of action to dissolve your Phoenix marriage? Annulment lawyer Gregory A. Riebesehl can evaluate your case and advise you as to whether your marriage may qualify as void. With clear legal counsel and accurate information, you may decide that an annulment or a divorce is the right solution in your case.
Get the Right Family Law Solution For Your Broken Marriage in Arizona. Dissolve Marriage? Lawyer Consultations Available. At Riebesehl Family Law Offices, we provide understanding and compassion for the delicate issues associated with an annulment, legal separation, and divorce. We are committed to obtaining desired results for each of our clients. We are prepared to offer a qualified case assessment at a reasonable cost. Initial consultations are free.
For legal advice about your case, contact an attorney. Unfortunately, if you represent yourself, by law, the Judge MUST assume you are as familiar with family law and procedure as an attorney. You do not have a second chance, so make sure you present your best case the first time. Call Gregory A. Riebesehl at Riebesehl Family Law Offices and let him represent you through the court process to a successful outcome at (602) 621-0779.
Call Gregory A. Riebesehl today for your free no risk completely confidential initial consultation and a speedy solution to all your legal problems at (602) 621-0779
We Are Conveniently Located At:
Riebesehl Family Law Offices
4050 East Greenway Road, Suite 3
Phoenix, Arizona 85032
Phone: (602) 621-0779
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