After a family member passes away, there are many questions and often times challenges that can arise. There are also emotional difficulties as well as logistical road blocks. As a family member, you must endure the grief and sadness of the loss of a loved one, while also attending to their legal and financial affairs. You can become overwhelmed, and families become confused on of how to proceed. People are taught that probate will be time-consuming and expensive. They worry that those in charge may not be protecting the beneficiaries interest in the estate. Probate can often be complicated and costly if not administered properly, but if properly directed by an experience attorney, the process can be effective and cost-effective. Our clients often state that they are able to come to terms with the death of a loved only after the legal and financial issues have been resolved.

What Is Probate?

Probate generally refers to the legal process of a court appointing a personal representative to manage a decedent’s estate in accordance with their wishes. If there is an original last will and testament, the court can appoint a personal representative without a hearing. The process is referred to as an informal probate. Where there is no will, in most circumstances the court can also appoint a personal representative through an informal probate. If there is a copy of the will or if their disputable issues, a formal probate is opened with the court and hearings will be scheduled. Both proceedings are used to accomplish the same important purpose of appointing a personal representative to manage the estate.

Aid for Arizona Personal Representatives and Administrators

The Personal Representative is the person who is court appointed to manage the estate. The Personal Representative has an obligation to act as a fiduciary, prudently and in the best interest of the estate and its beneficiaries. Duties often include:
• Collecting and categorizing all estate assets
• Making an inventory and appraisement of all assets
• Ensuring all debts are paid
• Managing assets and investments during the administration
• Providing an accounting of time spent and fees paid
• Distributing the estate property to the appropriate heirs or beneficiaries
The Personal Representative is nominated in the decedent’s last will and testament. If there is not a will, then the Arizona statutes dictate the order as to who may serve as the Personal Representative of the estate. Certain people, such as felons, minors, are ineligible to serve. Others may be disqualified on the basis of dishonesty, imprudence, or where the person is not fit and proper.
Personal Representatives must administer the estate according to court order. If they do not, they may be liable for any damage caused by their negligence or intentional misconduct. This liability increases the importance of knowledgeable and competent legal counsel.
At the Hall Law Group, our legal team is experienced in probate–start to finish. We have the expertise to get personal representatives appointed in a timely manner. We also instruct them through the administration of the estate. We can also assist prepare accountings, inventories and appraisements to validate that the executor or administrator has done their job properly. When a formal, judicial accounting or hearings are necessary, we represent clients before the Arizona Superior Courts.

It Is Important to Understand Your Rights as a Beneficiary or Creditor in Arizona

Those family members on the other side of the process, those not appointed as the personal representative, can feel powerless if the Personal Representative does not communicate their duties effectively. Notwithstanding, beneficiaries and creditors have a right and interest. Those rights range from a mere right to information, to the right to receive the property to which they are entitled under the Will or by statute. Whether you are simply unsure about the process or you worry the executor is not correctly doing his job, you can monitor the situation. In these situations, we help clients keep track of the administration process to ensure they receive what they are entitled to in a timely manner.
Where the executor is has already engaged in misconduct, it is critical for beneficiaries to intervene. We represent clients in litigating claims against executors such as compelling distributions, compelling the executor to account, and in removing the executor when appropriate.

Do You Need Legal Representation Regarding Probate Issues In Arizona?

If a loved one died with or without a last will and testament and you require legal assistance regarding the probate process you should speak with an experienced probate attorney as soon as possible. Contact us online or call our Scottsdale office directly at 480-478-0040 to schedule your free consultation. We proudly serve clients throughout the state of Arizona.

What are tax certificates or commonly referred to as Certificates of Purchase?

In Arizona, property taxes are paid twice a year.  The first half of the annual property taxes are due October 1, and the second half become due the following March 1.  If a homeowner fails to pay property taxes, the first half become delinquent on November 1, the second half become delinquent on May 1, of the following year.

In December, counties send delinquent notices to the homeowners informing them that a tax certificate will be auctioned if the taxes are not paid. The treasurer in every Arizona county prepares and supplies publicly a list of the properties with delinquent taxes. The amount of the tax certificate’s consists of the following: 1. The delinquent real estate tax, 2.  interest from the date of the taxes became delinquent, 3. advertising fee, 4. The county assessed fee for the issuance of the tax certificate, and the Taxpayer Information Fund fee.

It is important to note, that tax certificates are a very high priority lien against real property. This means there are very few other claims or liens against real property which have priority over the tax certificate lien. A tax certificate lien often times supersedes some IRS and other tax liens.

What to Expect at the Auction

The tax certificate auction takes place during the month of February. Tax certificates and the how the auctions are performed is governed by ARS 42, Chapter 18 of the Arizona Revised. Purchasing a tax certificate is treated as a secured loan to the property owner. To encourage investors to purchase tax certificates, the investor receives interest on the money they pay. Note that the tax certificate once purchased does not convey any property right to the investor. At the time of purchase, it is merely a “loan” to the homeowner carrying an interest rate.

However, if the certificate is not redeemed within a three-year period from the date of the original sale, the certificate holder has a statutory right to foreclose on the property and sometimes can take possession after all the proper Judicial Foreclosure steps were followed. As mentioned above, the county treasurer publishes a delinquent tax list and the date of the actions at least one time in a newspaper. The notice is published in the newspaper at least two weeks but not more than three weeks before the date of auction.

The interest rate an investor will receive for purchasing a tax certificate ranges from 0 to 16 percent. Investors bid on the certificate with the and the certificate is aworded to the investor willing to receive the least amount of interest.  Simple interest accrues on a monthly basis. If the certificate is not sold at auction, the certificate becomes the property of the state of Arizona, bears an interest rate of 16%, and may be purchased by any investor visiting the treasurer’s office.

Now you are the Owner of the Tax Certificate, what are your next steps?

It is called Redeeming if the homeowner pays the amount of the tax certificate. The following business day a redemption check is sent to the investor holding the certificate holder.  These payments will include the investment plus interest accrued. If the homeowner fails to redeem the tax certificate within a three-year period, the owner of the tax certificate can initiate the foreclosure statutory process.  If you are the owner of a tax certificate and are considering the foreclose process, please call the Hall Law Group.  We have handled hundreds of these types of cases and have the expertise to guide you through the process.  Please call today at 480-478-0040 for a free consultation.

Personal Injury Attorneys

It is not easy coping with the physical and emotional shock of the injuries sustained in a severe car accident. On top of this shock, injured victims often face mounting debt due to increasing medical bills and lost income. The Arizona personal injury attorneys at the Hall Law Group can ease the anxiety by answering your claims-related questions and assisting you and your family fight for the compensation you deserve.

Our Personal Injury attorney has a reputation for insistent settlement negotiations and litigation if necessary. We are avid about assisting our clients to recover the maximum reward from those who have harmed them. Call us today at 480-478-0040 to schedule a free consultation.

Types of Arizona Auto Accident Cases and Personal Injuries We Handle

The best Personal Injury attorneys in Arizona tend to be those who have productively handled various Personal Injury claims. Every case has its own set of circumstanses, and it takes an experienced and attorney and a legal advisor to implement strategies to overcome the hurdles standing between accident victims and a fair settlement.

The personal injury lawyers at the Hall Law Group are seasoned litigators who assist clients in the following types of cases:

· Injured by a Drunk Driver

· Injured by a Distracted Driver

· Any Wrongful Death 

· Hit and Run Accidents

· Injured be a Semi Truck

· Injured While on a Motorcycle

· Injured While Riding a Bike

Do I Have Grounds for a Personal Injury Claim?

If you intend to file a claim, you must meet a legal standard that the driver who hit you owed you a duty of care while driving their vehicle and breached that duty of care. Motorists on Arizona roads must protect other people while driving. They also need to drive safely and avoid reckless actions that places other drivers in danger.

Drivers breach this duty of care when they:

· Drive their vehicle Intoxicated;

· Drive while texting or distracted;

· Make an illegal turn;

· Fail to keep their vehicles safe;

· Drive in excess of the posted speed limit; or

· Engage in other illegal or reckless activities.

If a negligent person caused your accident, you have the legal option to pursue monetary damages for your lost wages, medical expenses, and other pain and suffering you have incurred. Unfortunately, even if it appears obvious that a third person is responsible for your damages, you still might have problems during the claims process. Issues with the claims process are where the attorneys at the Hall Law Group can assist you.

We are familiar with the strategies used by claim adjusters and defendants in personal injury cases to reduce the compensation. Insurance adjusters often try to induce you into making a recorded statement that they will use against you. They typically offer a low settlement before you fully understand the full extent of your injuries. 

No matter how friendly a claims adjuster is to you, they are not on your side when you file a claim against the person that injured you. You should never speak to or negotiate with an insurance adjuster. It would be best if you never accepted a settlement offer without consulting an experienced personal injury attorney.

The Hall Law Group team is available to answer your questions and walk you through the claims process. We will handle all phone calls and written corespondance with the claim adjuster so they don’t take advantage of you. We will conduct a comprehensive investigation into your case, gather the evidence before it becomes unavailable, speak with witnesses, and aggressively represent your interests during settlement negotiations.

What is the Value of my Personal Injury Case?

No attorney in Arizona can guarantee a dollar amount for your case. There are numerous factors that impact the success of your claim and how much money you ultimately recover.

Those factors include:

· The cost of your medical treatment;

· The cost of your future medical treatment, if needed;

· Your lost wages due to your injuries;

· Have your injuries have affected your ability to earn money in the future;

· If you required home adaptations to help with your injury;

· The amount of damage to your vehicle;

· If your injury caused the disability, scarring, or the loss of any bodily functions.

Your Arizona Personal Injury Attorney

At the Hall Law Group, we take most personal injury cases on a contingency fee basis, which means you do not pay us a fee unless we win your case. We have handled hundreds of accident cases to a successful conclusion. Many Arizona auto accident cases are settled successfully without litigation. 

Contact the Hall Law Group Today

Time is of the essence when a third party injures you. If you were injured or lost a family member in a car accident in Arizona, turn to the Hall Group for reliable legal guidance. Call 480-495-6963 to schedule a free consultation.