Probate & Trust Administration

Helping Grieving Families Through the Legal Process

When a loved one has passed away, the last thing you want to think about is winding up his or her financial affairs. However, completing this task can help you achieve peace of mind and confidence that the deceased person's wishes have been honored.

Probate is a legal proceeding that is used to wind up a person's legal and financial affairs after death. Assets owned solely in the decedent's name, as well as interest in property held as tenants in common, must be administered and disposed of under court supervision as governed by the decedent's Last Will and Testament. Where no Will is present, the proceeding is governed under State intestacy laws. If a trust is in place, assets governed by the trust are administered and disposed in accordance with the trust agreement and are not subject to probate.

At the Scottsdale law firm of Bredemann & McFarlane, our attorneys help clients living in Arizona and out of state administer the estate of the deceased and fulfill their probate and trust administration responsibilities. Don't hesitate to contact us to get your probate and/or trust administration on the right track.

Knowing Your Responsibilities As Trustee or Personal Representative

At Bredemann & McFarlane, we assist clients with the fulfillment of their responsibilities and the resolution of any disputes that occur in the closely related processes of probate and trust administration, which are generally defined as follows:

Probate administration: The court-supervised process of completing the legal and financial affairs of a person who has died by transferring their assets to theirs heirs.
Trust administration: The process by which an appointed trustee carries out his or her duties, also in many cases after the creator of the trust has died

It is not uncommon for the same person to be appointed as personal representative of an estate in probate and successor trustee of a revocable living trust as part of the deceased person's overall estate plan. We can help you keep track of and carry out your separate probate and trust responsibilities.

Seeking Fair Resolution of Disputes

Whenever the transfer of assets and property from one generation to another takes place, there is the possibility of a dispute. One family member may claim that another family member or caretaker exerted undue influence over the estate planning process. A creditor or the tax authorities may attempt to collect on a disputed debt.

At Bredemann & McFarlane, we are prepared to defend or initiate probate and trust litigation in order to protect our clients' interests. However, we also understand that this is typically a difficult time for many of the people involved, and we approach our work in this area with sensitivity.

- Guardianship & Conservatorship
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Nov 08 - Tax Controversy with IRS over Foreign Bank Accounts or Assets
Aug 29 - OVDI Deadline Extended to Sept 9
Aug 15 - TAX CONTROVERSY RESOLUTION - ARIZONA TAX RECOVERY PROGRAM
May 27 - Welcome to Our Phoenix Tax Law and Estate Planning Blog

Bredemann & McFarlane
8655 E. Via De Ventura,
Suite F-100
Scottsdale, AZ 85258

Telephone: 480-998-0999
Facsimile: 480-483-6673

email: richard.bredemann@azbar.org

email: stephen.mcfarlane@azbar.org

Follow @TaxLawAZ

TAX ALERT

Did you fail to file your 2008 federal income tax return, Form 1040?

If so, be aware that the opportunity to file that return to claim your refund of tax paid in the IRS expires on April 17, 2012 (Tax Day). After that date, the IRS will not pay back your refund, as the three (3) year limitations period will have expired for 2008 returns and requests for refunds. That means all that money goes into the government's general fund!

The IRS reports that refunds totaling more than $1 billion may be waiting for one million people who did not file a federal income tax return for 2008! In order to collect the money you paid in to the government, but for which you are due a refund, a return for 2008 must be filed with the IRS no later than Tuesday, April 17, 2012.

Some people may not have filed because they had too little income to require filing a tax return even though they had taxes withheld from their wages or made quarterly estimated payments. In cases where a return was not filed, the law provides most taxpayers with a three-year window of opportunity for claiming a refund. If no return is filed to claim a refund within three years, the money becomes property of the U.S. Treasury.

BUT THERE IS MORE! Normally, the IRS will not pay your 2008 refund unless you are compliant with your other required filings (i.e., 2009 and 2010). In addition, the refund will be applied to any amounts still owed to the IRS, and may be used to offset unpaid child support or past due federal debts such as student loans.

BUT THERE IS STILL MORE! By failing to file a return, you may lose more than refunds of taxes withheld or paid during 2008. Some people, especially those who did not receive an economic stimulus payment in 2008, may qualify for the Recovery Rebate Credit. In addition, many low-and moderate-income workers may not have claimed the Earned Income Tax Credit (EITC). The EITC helps individuals and families whose incomes are below certain thresholds.

Do not let another year slip by without checking into your filing and payment status. We are tax attorneys and we can help you through the tangle of tax laws. We can solve your IRS problems. Call us now as the time to collect is quickly expiring.

Take advantage of the new OVDI now!

If you have unreported foreign income or own foreign based assets that you have failed to report, you need to speak to a tax attorney now to assess your exposure to potential criminal action by the goverment. The IRS is granting leniency in such cases and taxpayers who come foreard will not face criminal prosecution.

By coming forward, those with offshore financial accounts can protect their assets by applying for the voluntary disclosure program and guard themselves against both criminal prosecution and the draconian penalties that could dissipate the majority of their offshore account balancers. The IRS has made collection of unreported foreign bank accounts and foreign assets a top priority.

Call now to discuss your exposure to potential criminal charges and penalties.

Based in Scottsdale, Arizona, we represent clients in the East Valley and throughout Maricopa County and Pima County, including the communities of Phoenix, Paradise Valley, North East Phoenix, Cave Creek, Carefree, Fountain Hills, Tempe, Chandler, Mesa, Gilbert, Surprise, Peoria, and clients in Tucson and Flagstaff. We also handle federal tax matters for clients in Illinois, Ohio, Washington, Colorado and Nationwide.