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November 2016 Archives

Intestacy of an estate

When a person dies without a will, or if there is an invalid will, that person's estate passes into intestacy. Intestacy entails that the state in which the person was residing will assume responsibility for distributing the intestate estate to any relevant individuals, doing its best to approximate what that person's will might have been had one been created. This may sound like a good thing, but often the process of distribution through the state diminishes the estate significantly, and it may distribute assets in a wildly different manner than the deceased person would have wanted.

How do I apply for a variance from a zoning ordinance?

When it comes to land use and zoning issues, each county in every state usually maintains its own set of procedures and standards for how zoning codes are applied and enforced. Here in Maricopa county, the local governance recognizes that, in some cases, some zoning ordinances may in fact do more harm than good when interpreted strictly. As with many regulations, in an effort to account for many instances of use, regulations are often both specifically restrictive while being written broadly enough to be applied to circumstances beyond what the architects of the regulation envisioned in its writing.

Power of appointment and estate administration

One of the most important components of an estate plan is the power of appointment. The power of appointment is one of the fundamental tools that allows complex legal transactions to take place and be honored by courts and governmental agencies. You might be considering using power of appointment to give another individual specific privileges regarding your property, which is a common occurrence in many wills and other legal documents.

What's an agricultural exemption?

Each county in a state generally maintains its own proprietary zoning laws, dictating various guidelines, restrictions and exceptions for the use of property within that county, and Maricopa is no different. Like many counties, Maricopa has a rigorous set of codes and standards that must be met by most kinds of land use or structures erected on a given parcel of land, but also extends exemptions from these regulations in some cases. This exemption is commonly known in our region as the agricultural exemption.

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