Thursday, June 26, 2008

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Professor LawDoc® is a certified legal document provider that offers customized legal and business documents at greatly reduced fees, so high quality, customized legal and business documents can be more affordable.  (Serving Arizona and other states since 1979.)  Personal service is paramount, and no one-size-fits-all forms are used.  Protect your family, estate and business today.


Wills, Trusts, Powers of Attorney, Avoiding Probate, Discount Probate Court filings, Powers of Attorney, Personal Medical Directives, Special Needs Trusts, Deeds, Contracts, LLCs, Corporations, new business start-ups, and other legal documents.  Also preparation of family law and divorce court documents is available at discounted prices, as well as probate court filings for those who desire to not incur high law firm fees.

Professor LawDoc free information is available:
email to ProfessorLawDoc@gmail.com or call (480) 835-1500.

Wednesday, June 25, 2008

Is Joint Tenancy the best way to avoid probate?

Probably not. Joint tenancy is most common with husband and wife ownership. When the second spouse dies, the property goes into probate. If both die in a common accident, there will be a probate to pass it on to the next heirs.

Some single people feel that placing a property in joint tenancy with a son or daughter is best to avoid probate. That is risky. They have just given away one-half of the property. If the son or daughter files bankruptcy, gets a lien or court judgment, becomes alienated, or dies, the person has given up control of the property.

A well-organized estate plan is better, even if it is a basic plan. Probate can be avoided with a beneficiary deed and no control of the property is given up. Another alternative is a trust, which not only avoids probate, but can also provide for management of your estate during your life if you become ill or not able to handle your own assets, and you can choose the trustee who will manage for you. A trust can also define the timing of the inheritance of beneficiaries and provide for management of trust assets for young beneficiaries as well as protection from their creditors.
Professor LawDoc offers estate plans which range from very basic yet complete plans to sophisticated estate plans for larger estates. Initial consultations to review your existing estate plan are always free of charge and with no obligation.

What do I need on my car insurance policy?


There are a variety of coverages on your auto insurance policy. Each covers a different kind of loss. Here is a summary:

Liability---covers claims against you for damages to others if an accident is your fault. Does not pay you anything. Make sure you have sufficient limits. It is easy to cause an accident where tens of thousands of dollars of medical bills are incurred by those who are injured. Claims against you could jeopardize your estate.

Comprehensive---covers your car for damage from theft, fire, non-driving damage.

Collision---covers your car for damage in a driving accident, regardless of whose fault. You pay the deductible. If someone else is at fault, your insurance will bill their insurance for reimbursement.

Uninsured Motorist---pays you for your injury claim if you are in an accident with a driver at fault who is uninsured. A high percentage of drivers on the road have no insurance.

Underinsured Motorist---pays you for your injury claim if you are in an accident with a driver who is insured but has insufficient insurance to cover your claim. Arizona law only requires that drivers carry $15,000. of liability insurance, which is hardly enough for many accidents.

Medical Pay---pays medical bills for you and your passengers in an accident, regardless of whose fault. This is cheap to buy and pays important benefits. We recommend you have it even if you have health insurance. Med Pay covers your passengers as well, and will cover your deductible. Also, it can be used at any medical facility anywhere, since it is reimbursement coverage. Many agents don't advise their clients about Medical Pay, since it is often a better deal for the insured than the insurance company agent.

There are other coverages available, such as rental car, towing, and accidental death.

If you have been in an accident, speak to an attorney at Jenkins Law Center at once before speaking with an insurance representative. Protect you rights. James D. Jenkins has personally successfully handled over one thousand auto accident cases.

Can I use a Power of Attorney to settle Dad's estate?



A Power of Attorney grants authority to an agent to act on behalf of the person who signs. Arizona law has strict requirements for proper estate planning powers of attorney. They must be notarized and witnessed by an impartial witness. The powers of the agent must be specifically spelled out in detail. The agent can then act on behalf of that person.

There are limitations to Powers of Attorney. They lapse upon death, so they cannot be used once the principal dies. They cannot be used to open bank accounts, now that we have the Patriot Act. And an agent under a Power of Attorney may not have the ease and flexibility that a Trustee would have under a Trust.

All adults in Arizona should have a Medical Power of Attorney and a Durable Financial Power of Attorney, designating an agent who can act for them if they become ill, incapacitated or are not able to act for themselves, either temporarily or permanently. These Powers of Attorney should be prepared by an able estate attorney to be safe.

Does a Will avoid probate?


Some people erroneously feel that by naming beneficiaries in a Will, they will automatically receive the assets of the estate without probate. Nothing could be further from the truth. A Will names the beneficiaries who will receive a bequest in probate!!! To avoid probate, a living trust can be established, beneficiary deeds can be recorded for real estate, and automatic beneficiaries can be named on investment accounts, IRA's, bank accounts, etc. But you should establish your estate plan under the guidance of an experienced estate attorney, who can help make sure that everything is done according to the law, your wishes will be guaranteed, and that the entire estate plan dovetails together properly. Jenkins Law Center offers free, no obligation consultations for estate planning. This can be arranged at (480) 835-1500.