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Phoenix Real Estate Law Blog

Choosing between a revocable and irrevocable trust

If you have decided upon creating a trust as a part of your estate plan, it's now time for you to think about the details. There are many trusts to choose from, all of which offer certain benefits and restrictions.

The first question you should ask yourself when deciding on the type of trust for you is whether you want to set up a revocable or an irrevocable trust. These are the two main categories of trusts, and they have very different implications.

When is a swimming pool liable for injuries?

Taking your children to a swimming pool over the weekend is a great way to spend time. It offers the opportunity to get some exercise, practice an important skill and have fun while doing it. You might enjoy swimming at a friend's house or going to a local recreational center or country club. No matter where you decide to take your children, the owner of the premises has certain responsibilities when it comes to looking out for your safety.

Therefore, if you or your child suffers an injury while visiting the swimming pool, the owner of the premises may have some responsibility. If this is the case, you may be able to make a legal claim.

The biggest cause of fatal crashes in Arizona

The most notorious causes of fatal car accidents are drunk driving, distracted driving and speeding. These tend to get the most attention, and for good reason, as preventing these hazards can eliminate high numbers of traffic-related deaths.

However, they are not the only reasons motor vehicle crashes happen, nor are they the biggest culprits in every state, reveals the Auto Insurance Center. In fact, the number-one cause of deadly collisions in Arizona is probably not one you would have thought of: failing to yield the right of way to others.

Common questions about wills and incapacity

If you have a close family member who has recently passed away, it is likely that they left a will so that their assets could be appropriately distributed. If you were surprised by the instructions of the will, or if the will was updated toward the end of the person's life, you may wonder whether the person was mentally stable when they updated their will.

The question of mental capacity and will-making can be challenged after a person passes away. If you believe that a loved one was mentally incapacitated when they updated their will, it is important that you understand where the law stands on this matter.

Understanding trespassing and premises liability

In general, a premises owner is liable for any injuries that occurred on their premises when it can be shown that the injury was caused by unsafe circumstances. However, in order for an injured person to take legal action against the premises owner in question, their legal status in regard to them being able to enter the property needs to be questioned.

If you have been injured on a premises in the state of Arizona and you are unsure of whether you were in fact trespassing, it is important that you take the time to understand how the law works.

A trust might be the best place for your life insurance policy

Many people underestimate the true value of their estate. When they learn that the estate tax threshold in 2018 stands at $11.8 million per estate, they may believe that they stand no chance of owing estate taxes at the end of their lifetime.

However, it is important that estate planners recognize their estate value might be worth more than they think. This is in part due to the value of assets such as life insurance policies.

Why your grandchildren might need a spendthrift trust

If you are considering setting up a trust for your grandchild, you have likely considered several different options. You naturally want a solution that is financially efficient for you and still helps your grandchild to benefit financially.

However, if you grandchild is still a child or a very young adult, you may have doubts in regard to their ability to manage large sums of money in a responsible way. This is why creating a spendthrift trust may be a wise option.

Suffering an injury in the bathroom of a premises

If you have limited mobility or have a disability, visiting bathrooms on public premises can be a challenge. Premises owners are required to provide accessible facilities so that disabled people can use the bathroom safely and with ease. However, sometimes premises owners are negligent in the maintenance of bathroom facilities, and injuries can occur as a result.

If you have suffered an injury in a public bathroom and you believe that the premises in question was to blame, it is a good idea to consider the legal options that you have. This is especially true if you suffered financially due to the incident, for example, if you needed to seek medical attention.

Protecting yourself after an injury at a friend's house

Injuries can occur in any place where there are hazards. This could be in a supermarket, a movie theater or even at a friend's house. While it is likely that you already know that you have the potential to make a legal claim for an injury on a public premises, you may not know that it is also possible to do if you become injured at a friend's home.

After the injury occurred, you will undoubtedly feel confused as to what you should do. Whether you fell down a flight of stairs or slipped on hazardous flooring, you are probably quite confident that the injury was not your fault. However, you were the one who suffered significantly due to the incident. You may also have suffered financially after medical bills and lost wages are taken into account. Therefore, it is important that you take action in order to protect your rights.

3 things that can go wrong when buying a home

Buying your home is likely the biggest purchase you ever make. That being the case, it is startling how many people go into the purchase uninformed and unaware of the many risks and potential pitfalls surrounding the process.

Knowing what to watch out for can help you to prepare in an effective way for becoming a homeowner. Once you know some of the common traps that many homebuyers fall into, you can actively take steps to avoid them.

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