Showing posts with label legal document preparation. Show all posts
Showing posts with label legal document preparation. Show all posts

Saturday, January 26, 2019

Avoiding Probate


Probate.  Just mention the word, and chills run up the spine. Some businesses are even targeting seniors to scare them into purchasing expensive estate plans to avoid probate. They hold luncheon seminars telling seniors that a Will won’t avoid probate, and then try to sell the senior a Trust for thousands of dollars. Just because a person has a Will does not mean that probate will be required.  In many cases, there are other, less expensive options that would also avoid probate.


What is probate?


First, let’s define probate. Probate is a court proceeding to transfer assets and settle the debts of a deceased person.  At a minimum, a simple probate in Arizona takes at least 4 months to complete and can cost $1600 or more. A probate proceeding may also be opened if the Trustee of the deceased person’s Trust is not performing his or her duties, or if someone disagrees with part of the Trust.  

What is the best way to avoid probate?  

Stay alive.  Seriously, it depends.  Most Arizona real estate can be transferred with a Beneficiary Deed for less than $200.  That is substantially less than the cost of a simple probate.  If a person owns real estate in multiple states, it may be better to use a Trust to manage the transfer of property.  Depending on your unique situation, a Trust may be the best solution, or there may be other less expensive ways to transfer your assets upon death without a probate.

What type of assets require a probate to transfer?

In general, if property requires the signature of the owner to transfer title or access it, then it may require probate for transfer after death, unless a non-probate transfer device has been put in place before death.


What are some simple ways to transfer property without probate and without a Trust?

This table shows typical assets and ways to transfer without a probate. Some actions must be taken before death.

Property
Signature Required
Non-probate transfer options
(MUST be done before death)
Small estate transfer options
(After death)
Financial Account
Yes
Name a POD or TOD beneficiary
Affidavit of Collection if less than $50,000
Real Estate
Yes
Beneficiary Deed
Affidavit of Transfer of Real Property if less than $100,000
Motor Vehicle
Yes
Beneficiary Designation Form
Affidavit of collection if less than $50,000
Grandma’s Dishes
No
Give them to the person listed in the Will

How can I decide the best solution for my situation?

You can ask an attorney to decide for you, or you can get information from an estate planning professional like Prescott Tax & Paralegal and make your own decision about what is best for you.

Will having aTrust avoid probate?

Usually. However, if there is a disagreement over distribution, the Trustee acts improperly, or assets were not placed into Trust ownership, a probate may be opened. In a recent case, a probate was opened because the bank incorrectly titled the money market account as The Smith Trust instead of the The Smith Family Trust. When the original trustee died, the bank refused to release funds to the successor trustee because the name on the account did not match the name on the Trust document. The bank refused to pay for the proceeding, and refused to admit their error in incorrectly titling the account. Ultimately, we were able to obtain a court order forcing the bank to release the funds, but not without cost to the heirs was in time and money.

If you have questions about avoiding probate, estate planning, or how to transfer assets of a deceased loved one, call Prescott Tax & Paralegal at (928) 778-3113.

Wednesday, September 12, 2018

Prescott Tax and Paralegal discusses what business entity is right for your new Prescott business

Prescott Tax and Paralegal offers legal document preparation and accounting services for your Prescott business.
Selecting the right business entity is an important decision. In fact, it is a decision that can impact personal asset protection and income tax obligations. Prescott Tax and Paralegal discusses what business entity is right for your new Prescott business. Let’s consider some of the different options:

Sole proprietorship. Sole proprietorships are the most common and easiest business structures to form. Sole proprietorships are only allowed for businesses with one owner, and there is no legal distinction between the owner and the business in a sole proprietorship. The main benefit is the ease of set up and that the income is reported on the owner's personal income tax return. It is important to understand that in a sole proprietorship, an owner’s personal assets are at risk and can be used to pay the business’ debts or obligations in the event the business fails, or if a lawsuit is filed.

Partnership. A partnership is owned by two or more persons. Similar to a sole proprietorship, a partnership is easy to form with minimal upfront costs. A partnership generally requires a written partnership agreement which is a contract between the partners describing how they will operate and potentially dissolve their business. Unless it is a limited partnership, the partners are personally liable for business debts. A partnership files a separate business income tax return, and each partner is given a Form K-1 to report that partner's share of the income on that partner's individual income tax return.

LLC (Limited Liability Company).
LLCs have increasingly become  popular. Created and governed entirely under state law, LLC owners must elect how they want to be taxed by the IRS (e.g. as a sole proprietorship, partnership, s-corporation, or even a c-corporation). LLCs limit the liability of the members, and are often a good way to protect assets. For example, holding a rental property within an LLC can minimize risk to personal assets in the event the renter files a lawsuit against the owner (LLC) of the property.

S-Corporation. S-Corporations require the working members to take wages from the business, unlike a sole-proprietorship or partnership. This means that the S-Corporation must file and pay quarterly payroll taxes, and issue W2s to those receiving wages. However, it has the advantage of lowering self-employment taxes by only taking a portion of the income as wages and the remainder as a dividend.  Self-employment tax is 15.3%. For example, if the business net income is $300,000 and the owner pays himself wages of $180,000, the remaining $120,000 is not subject to self-employment tax resulting in a savings of $18,360. The warning here is that the wage paid to the owner must be "reasonable" given the facts and circumstances.

C-Corporation. This is by far my least favorite structure. First, if you organize as a corporation at the state level in Arizona you must file an annual report and pay an annual fee which is currently $45. The C-Corporation must file its own income tax return. Income is taxed at the corporation level and the tax rate is currently 21%. Any dividends paid to the shareholders are taxed again at the shareholder level. While it might seem attractive to some because of the 21% tax rate, the double taxation on dividends may make this less attractive.  This is the only structure that does not qualify for the new Qualified Business Income Deduction which is another drawback.

At Prescott Tax and Paralegal we can give you information and tax advice on the different types of entities. The type of business entity is a question of both tax and law. We don't give legal advice, but we can give you information so that you can make an informed decision. Then we can help prepare the paperwork to correctly form your new business. We can prepare documents statewide. We would love to discuss your new business with you. To schedule a consultation, call us at 928-778-3113. Learn more about us at http://www.PrescottTax.com.

ADDITIONAL INFORMATION
Prescott Tax Preparation
Legal Document Preparation in Prescott
Helpful Tax and Paralegal Articles


Wednesday, August 29, 2018

Prescott Tax and Paralegal, your estate planning experts in Prescott, answers the question: What property may need probate?

Prescott Tax and Paralegal, your estate planning experts in Prescott, can help you avoid probate and protect your heirs.
Thinking about your estate plan or lack thereof? There are ways to transfer property upon death that do not require probate. Prescott Tax and Paralegal shares with our Prescott clients what assets may need to go through probate.

A colleague asked if I would briefly discuss what assets require probate to transfer title. Briefly? I’ll try. In general, if property requires the signature of the owner to transfer title or access it, then it may require probate for transfer after death, unless a non-probate transfer device has been put in place before death.

The following table shows some typical assets, and one possible non-probate transfer option.  (I’m trying to be brief.)


Property
Signature Required
Non-probate transfer options
Small estate transfer options
Financial Account
Yes
Name a POD or TOD beneficiary
Affidavit of Collection if less than $50,000
Real Estate
Yes
Beneficiary Deed
Affidavit of Transfer of Real Property if less than $100,000
Motor Vehicle
Yes
Beneficiary Designation Form
Affidavit of collection if less than $50,000
Grandma’s Dishes
No
Give them to the person listed in the Will
 

Just because a person has a Last Will and Testament does not mean probate is required. If the only property is Grandma’s dishes, a probate court proceeding is generally not required.

Even when there is no Will, a probate proceeding may need to be opened if there is real estate which needs to be transferred. For those who think, “Ha, I’ve got a Trust!” Even a Trust may end up in probate court if there is a disagreement over distribution, if the Trustee acts improperly, or if assets were not placed into Trust ownership.

In a perfect world, no one would end up in probate court. Until then, probate provides the way to transfer property that requires a signature, when the owner dies before choosing a non-probate transfer.

If you are looking for help protecting your assets, choose the professionals at Prescott Tax and Paralegal. To obtain legal advice on the best solution for your situation, you should contact an attorney. To schedule a consultation, or if you are in need of an estate or trust plan in Prescott, contact the experts at Prescott Tax and Paralegal at 928-778-3113. For more information on services we offer, please visit http://www.PrescottTax.com.


ADDITIONAL INFORMATION
Prescott Paralegal Services
Legal Document Preparer in Prescott
Helpful Estate Planning Articles


Wednesday, August 22, 2018

Prescott Tax and Paralegal, your estate planning experts in Prescott, discusses avoiding probate

Prescott Tax and Paralegal, your estate planning specialists in Prescott, wants to help you avoid probate.
Probate. Just mention the word, and chills run up the spine. Some businesses even target seniors to scare them into purchasing expensive estate plans to avoid probate. They hold luncheon seminars telling seniors that a Will won’t avoid probate, and then try to sell the senior a Trust for several thousands of dollars. In many cases, there are other, less expensive options that would also avoid probate. Prescott Tax and Paralegal wants our Prescott clients to be aware of what probate is and what you can do to protect the assets you’d like to leave to your heirs.

First, let’s define probate. Probate is a court proceeding to transfer assets and settle the debts of a deceased person. At a minimum, a simple probate in Arizona takes at least 4 months to complete and can cost $1000 or more. A probate proceeding may also be opened if the Trustee of the deceased person’s Trust is not performing his or her duties, or if someone disagrees with part of the Trust.

What is the best way to avoid probate? Stay alive. Seriously, it depends. Most Arizona real estate can be transferred with a Beneficiary Deed for less than $150. That is 1/10 the cost of a simple probate. If a person owns real estate in multiple states, it may be better to use a Trust to manage the transfer of property. Depending on your unique situation, a Trust may be the best solution, or there may be other less expensive ways to transfer your assets upon death.

The professionals at Prescott Tax and Paralegal are experienced in estate planning in Prescott and can help you protect your assets. To obtain legal advice on the best solution for your situation, you should contact an attorney. For a consultation or if you are in need of an estate plan, contact the experts at Prescott Tax and Paralegal at 928-778-3113. For more information on services we offer, please visit http://www.PrescottTax.com.


ADDITIONAL INFORMATION
Legal Document Preparation in Prescott
Prescott Paralegal Services
Helpful Paralegal Articles


Wednesday, August 15, 2018

Prescott Tax and Paralegal, your estate planning experts in Prescott, discusses when the State can get your stuff

Trust Prescott Tax and Paralegal, your paralegal experts in Prescott, to guide you through estate planning and help protect your assets
You may have heard the myth that the State will get your stuff if you don’t have a Will.
In reality, whether or not you have a Will has little to do with when the State obtains property. Prescott Tax and Paralegal wants our Prescott clients to know what to do to protect your assets.

You may be surprised to know that you can be very much alive and the State can get your property. Arizona adopted the Unclaimed Property Act, found in A.R.S. § 44-301 through 339. The Act specifies time limits for determining when property has been “abandoned” by the owner. These time limits vary from one year to 15 years.  Three years is the most common.

For example, a money order which is not cashed within three years is presumed abandoned. The issuer of the money order then files a report with the State claiming that the property is abandoned. The abandoned property is turned over to the State.  The State must publish a list of abandoned property, and give the rightful owner roughly three years to claim the property. After three years, the State may sell the property and the prior owner can no longer redeem it.

Are you curious if you have abandoned property?  There are two good online sources where you can check:
  • www.missingmoney.com (the official search site) and
  • www.azunclaimed.gov (a resource for questions). When doing a search, start with your last name and your state. You can then refine that search by using your last name and first initial, and finally your last name and complete first name. If you locate property belonging to you, you can click a link to obtain the form to claim your property.
To avoid the possibility of the State becoming the owner of your property, consult with an estate planning professional to make sure your assets are protected. Prescott Tax and Paralegal has years of experience preparing estate plans in Prescott, and can help prepare the proper documentation for you and your family. To schedule a consultation, call 928-778-3113. For more information on services we offer, please visit http://www.PrescottTax.com.


ADDITIONAL INFORMATION
Legal Document Preparation in Prescott
Prescott Paralegal Services
Helpful Paralegal Articles


Wednesday, August 8, 2018

Prescott Tax and Paralegal, your estate planning experts in Prescott, dispels the myth that the State will get your stuff

Prescott Tax and Paralegal, your estate planning experts in Prescott, can help you protect your assets and leave property for your heirs. Do you have a will? If not, you may be worried about what will happen to your property when you die. Because there is so much misinformation surrounding estates, Prescott Tax and Paralegal wants our Prescott clients to know the facts about probate.

When folks come to see us for a consult, they often say something like, “I better do a Will or the State will get my stuff when I die, right?”

Myth: The State will get your stuff if you don’t have a Will.
Truth: It is unusual for the State to become the beneficiary of your property when you die.

Arizona laws specifically address who will get your property if you do not have a Will. Laws covering probate are found in A.R.S. § 14-2101 to 2114.

Here’s the brief version (which does not include all the complexities):

  • If you are married, your spouse and your children from a prior relationship inherit.
  • If you are single, but have children, your children inherit. If a child died first, then that child’s children (your grandchildren) inherit in place of the deceased child.
  • If you are single, without children or grandchildren, then your parents inherit.
  • If you are single, without children, and your parents are deceased, then your siblings inherit; if they are deceased, your nieces and nephews inherit.
  • If you are a single, orphaned, only child, then your living grandparents inherit.
  • If you are a single, orphaned, only child, with no living grandparents, your aunts and uncles inherit; if they are dead, then their living descendants inherit.

Are there are times when the State will get someone’s property? The answer is yes, but it is unusual. Prescott Tax and Paralegal is your local Prescott resource for estate planning and we can help you prepare the right documentation to protect your assets. For legal advice, we can refer you to an attorney. For legal documentation preparation, or to schedule a consultation, call 928-778-3113. For more information on services we offer, please visit http://www.PrescottTax.com.


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Legal Document Preparation in Prescott
Prescott Paralegal Services
Helpful Paralegal Articles


Wednesday, August 1, 2018

Prescott family law experts, Prescott Tax and Paralegal, discusses factors that affect parental rights

Prescott Tax and Paralegal, your family law experts in Prescott,can guide you through the legal matters relating to custody issues.
Prescott Tax and Paralegal, your family law experts in Prescott, understands that it is important to know what kinds of things can affect your parental rights. Legal decision-making and parent time are two of the most important subjects related to parental rights.

Legal decision-making

When parents separate or divorce, the term legal decision-making refers to the person or persons with the legal right to make all non-emergency legal decisions for a child, such as those relating to education, healthcare and religious training.

  • Where there is joint legal decision-making, both parents share the decision-making and neither parent’s rights are considered as being superior.
  • Sole legal decision-making means that one parent has the legal right to make major decisions for the child; the other parent is entitled to reasonable parenting time unless the court finds that it would seriously endanger the child’s physical, mental, moral or emotional health.

Parenting time

Parenting time means the schedule of time during which a parent has access to a child.

The court’s determination of legal decision-making and parenting time

When parenting time is disputed, the court first sends the parents to mediation to determine a parenting plan. If the parents are unable to agree on any part of the parenting plan, the court decides that aspect. When determining legal decision-making and parenting time, the court is required to consider what is in the child’s best interest. This involves factors related to the child’s physical and emotional well-being.

Prescott Tax and Paralegal recognizes that it is important to understand parental rights and family law in Prescott. A divorce, legal decision-making, or a parenting time issue can leave you feeling overwhelmed while sorting things out legally. We strive to offer the legal document assistance you are looking for while making these important decisions. We can prepare documents statewide. To schedule a consultation, call us at 928-778-3113. Learn more about us at http://www.PrescottTax.com.

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Prescott Family Law and Custody
Legal Document Preparation in Prescott
Helpful Tax and Paralegal Articles


Wednesday, June 6, 2018

Prescott Tax and Paralegal Looks at Pros and Cons of a Living Trust in Prescott

Prescott Tax and Paralegal personal estate planning in PrescottMost of you have probably been invited to one or more estate planning seminars discussing living trusts. Like everything in life, one size does not fit all. Prescott Tax and Paralegal would like to look at some items that need consideration when working on your personal estate planning in Prescott.

First, let’s talk about what a living trust actually is and what it does. A trust is an arrangement under which one person, called a trustee, holds legal title to property for another person, called a beneficiary. You can be the trustee of your own living trust, keeping full control over all property held in trust. A "living trust" is simply a trust you create while you're alive, rather than one that is created at your death under the terms of your will. The main advantage of making a living trust is to spare your family the expense and delay of probate court proceedings after your death. But do you really need a trust? Let’s look at the pros and cons.

Pros:
  • First of all, should you become incapacitated, you have spelled out how the trustee should manage your trust assets in the terms of the document. Managing your assets this way is far superior to relying on a power of attorney document because:
  • It will be recognized in all 50 states
  • If the original trustee has died or become incapacitated, it will contain detailed provisions for who should be the successor trustee and how they are to be selected
  • It will be recognized by banks and brokerage houses as valid, unlike many powers of attorney (which are frequently challenged or ignored by such firms, rightly or wrongly).
  • Upon your death, the trust acts like a will and spells out who gets the trust assets, but it avoids the probate process.
  • This ensures privacy of your distribution choices, usually avoids dealing with the court system and saves on attorney fees.

Cons:
  • If your assets will avoid the probate process as they currently stand, then this approach may be redundant for your situation.
  • Many people pay thousands of dollars to an attorney to draw up a detailed living trust for them, but then they fail to transfer title to their assets into the name of the trust (called “funding” the trust), or they fail to keep up with the proper titling after they purchase new items or real estate. In such cases, they are not taking full advantage of the benefits of the arrangement.
  • Trust administration can be time consuming and costly depending upon the complexity of the distributions after death.
  • After the Trust creator dies, the Trust pays income taxes at a higher tax rate than individuals and reaches the highest tax bracket of 37% when the Trust income reaches $12,501 (2018 tax rates)

Successful estate and trust planning is crucial to offering your family and loved ones financial security and peace of mind during a time of loss. In order to eliminate complications and ensure your wishes are followed, it's important to have a detailed plan as to how your assets will be distributed. For help in this process, or if you have questions about living trusts and estate planning in Prescott, contact Prescott Tax and Paralegal at 928-778-3113. To learn more about the services we offer, please visit our website at http://www.PrescottTax.com.

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Tuesday, May 29, 2018

Prescott Tax & Paralegal talks about what you can do when your custody arrangement isn’t working out in Prescott

Prescott Tax and Paralegal can help you with legal document preparation for your child custody modifications
Creating a parenting plan is a difficult task and must be well thought out to accomplish what’s in the best interest for a family. Sometimes situations arise where the plan is no longer working. In a case where one parent won’t cooperate, you may need to petition for enforcement or for a modification of prior orders. Prescott Tax & Paralegal understands this may be overwhelming, and offers assistance in preparing these legal documents in Prescott.

While there are many suggested parenting plans available through the court system, the goal is to make sure your children feel safe and secure, and they are properly cared for.

Here are some situations that could indicate your custody arrangement needs to be modified:

  • You feel you should have more time with your children.
  • Your responsibilities for caring for your children are causing you to feel overwhelmed.
  • Your children are stressed or no longer happy with the arrangement.
  • You suspect the other parent is abusing or neglecting the children.
  • The other parent has an addiction and may put your children in danger.

In a case where you feel the children may be in danger, you need to take swift action to ensure their safety. In other cases, you will need to petition the court for a modification. If parents can come to an agreement, the modification should be granted without difficulty. The process becomes more difficult if the parents can’t agree to the changes.

If you are going through the challenging process of modifying a prior custody arrangement, and you need assistance in preparing the necessary documents in Prescott, contact the experts at Prescott Tax & Paralegal at 928-778-3113. We can prepare documents, assist you with filing them with the correct agency, and help you to have them served. Learn more about us and our services at http://www.PrescottTax.com.

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Document Preparation in Prescott
Prescott Tax Preparation
Helpful Paralegal Articles


Wednesday, May 23, 2018

Prescott Tax and Paralegal identifies signs that you need to hire a bookkeeper for your Prescott business

Prescott Tax and Paralegal is ready to help when you need to hire a bookkeeper for your Prescott business
As many small businesses start out, they choose to handle their own bookkeeping and accounting rather than hiring a bookkeeper. Even with all the user-friendly bookkeeping software that is available, handling records takes time away from running the business, and there is the question of whether everything is being done right. Prescott Tax and Paralegal wants to help you recognize when you should hire a professional bookkeeper for your Prescott business.

Consider hiring a bookkeeper:

  • To review your books to see if your records have been handled accurately
  • To free your time to build your business
  • To give you the ability to focus on business decisions
  • To make sure paperwork is being done timely
  • To help you be more strategic with tax planning and investing
  • To handle payroll, billing, and paying bills

Depending upon the size of your business and number of employees, you may only need a part-time bookkeeper at first. Some companies may only require a bookkeeper one day a month. As your business grows, your need for a bookkeeper may increase to weekly or even daily.

The cost of hiring a bookkeeper can certainly be offset by the amount of savings you realize when payments are made timely and late fees are avoided.

When considering whether or not to hire a bookkeeper, remember that tax laws are constantly changing and a professional accountant and bookkeeping service stays informed about all the changes. This can also save you money.

If you’re struggling with the decision of whether it’s time to hire a bookkeeper for your Prescott business, consider scheduling a consultation with Prescott Tax and Paralegal. We customize our service to meet your business needs and we want help solve your business challenges. If you have questions about our services, contact us at 928-778-3113. Learn more at http://www.PrescottTax.com.

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Thursday, April 13, 2017

What is a Living Trust?

prescott tax and paralegal explain what a living trust is.
By Arlene Rheinfelder, Prescott Tax & Paralegal
Certified Legal Document Preparer and Enrolled Agent


Think of a Living Trust as a refrigerator.  The “Trustor” is the person who creates the Trust and originally stocks the “refrigerator” by transferring ownership of property to the Trust. The Trust owns the property.

The “Trustee” manages the Trust.  Think of this as “refrigerator privileges” because depending on the terms of the Trust, the Trustee can put items into the fridge, take them out of the fridge, or give them to people named in the Trust.  Often, the Trustor and the Trustee are the same person.

A Trust has one or more “beneficiaries.”  In the refrigerator scenario, the beneficiary may have the right to receive some or all of the stuff (“assets”) in the fridge.  The Trust document states when the beneficiary can receive the assets.  It may be when the Trustor dies, when the beneficiary turns a certain age, or when the beneficiary has specific needs.

Why would a person want a Trust?  The most common reason is to avoid probate and estate taxes.  Assets held by a Trust do not need to pass through probate.  For 2017, you will pay no Federal estate tax on the first $5.49 million of your estate.  Currently, Arizona does not have an estate tax.

Since most of us don’t have $5.49 million in assets, why would we form a Trust? A few other reasons people create a Trust are to provide for a family member who has special needs, to allow a family member, who has debt problems, to become the beneficiary (but not allow creditors to take the assets), and to hold assets for minors. 

A Trust can be quite complex, but that does not mean that it needs to be lengthy.  A top New York estate planning attorney wrote a complex Trust that dealt with assets of greater than $5 million dollars, but the document was only 24 pages long. Longer is not necessarily better, and an excessively lengthy or poorly written document can make Trust administration an expensive nightmare.

Does a Trust take the place of a Will? No.  It can perform many of the same functions, but a Trust is usually combined with a “pour-over” Will.  Going back to the refrigerator example, if you bought groceries on the way home and died before you put them in the fridge, the pour over Will takes the groceries (property) and puts them in the fridge (Trust).  This makes sure that anything that may have been forgotten, or purchased after the Trust was formed, is transferred to the Trust and distributed according to the directions in the Trust.

Have a question? Prescott Tax & Paralegal is ready to help.  Call us at 928-778-3313 or visit us online at http://www.PrescottTax.com.

Prescott Tax & Paralegal, the office of Arlene Rheinfelder, AZCLDP is at 141 South McCormick, Suite 206, Prescott, AZ.

More Information:
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Prescott Living Trusts
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This article is for informational purposes and not intended as legal advice.  If you need legal advice, you should contact an attorney.

Wednesday, April 5, 2017

The Role of the Document Preparer

The Role of the Document Preparer


By Arlene Rheinfelder, Prescott Tax & Paralegal
Certified Legal Document Preparer and Enrolled Agent

prescott tax and paralegal discusses the role of the document preparer.Recently I had a conversation with a local attorney who was surprised at the variety of work a certified legal document preparer can complete without attorney supervision.  Most people refer to document preparers as paralegals.  The certification for a document preparer is under the direction of the Arizona Supreme Court’s Board of Document Preparers. To become certified, a person must pass an examination and meet experience and/or education requirements.  Document preparers also must complete 10 hours of continuing legal education annually.

Certified legal document preparers or CLDPs are prohibited from providing legal advice. That is the role of an attorney. As one judge explained to me, legal advice is similar to a doctor’s advice. The doctor can tell you what you should do to treat a specific illness.  Likewise an attorney can recommend what a person should do in a specific legal situation.  If you want to be told what to do, you should contact an attorney, not a document preparer.

If you already know what you want to do and simply need help preparing the necessary paperwork, a CLDP may be a good choice.  A CLDP can also explain procedure. For example, a person decides to obtain a divorce, but does not know how to prepare the paperwork, how to file it, or how to serve it.  A CLDP can prepare the paperwork, file the paperwork with the court, have the documents served, and explain generally the process of obtaining a divorce.

Likewise a CLDP can prepare evictions, civil suits, probate, guardianships, limited liability company paperwork, real estate deeds, estate planning documents, and any legal document in any legal matter in which the CLDP is competent.

A CLDP can also provide general factual information pertaining to legal rights, procedures, or options available to a person.  Many times people simply need information and education on procedures, including courtroom procedures, and court rules.

What types of things can’t a CLDP do?  CLDPs cannot provide legal advice, opinions or recommendations. They cannot go to court and speak on your behalf, or assist a client in the courtroom.  If you need these types of services, you are better served by an attorney.

Have a question? Prescott Tax & Paralegal is ready to help.  Call us at 928-778-3313 or visit us online at http://www.PrescottTax.com

This article is for informational purposes and not intended as legal advice.  If you need legal advice, you should contact an attorney. 

More Information:
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Friday, March 24, 2017

Reasons to use a Supreme Court certified Legal Document Preparer brought to you by Prescott Tax and Paralegal in Prescott

Professional Tax Preparation and Paralegal in Prescott
Often the need for legal services comes during times of economic issues.  Using a paralegal can help reduce the financial burden and decrease legal costs.  However, you must understand their capabilities and limits. Prescott Tax and Paralegal in Prescott discusses a few points to consider.

More often than ever before, people are using paralegals to assist in their legal matters. Paralegals have a broad range of skills that make them very useful in many legal settings.  A paralegal’s usefulness goes beyond preparing documents and conducting legal research. Useful skills include estate and trust administration, planning for special needs children, review of 3rd party office leases, legal matters related to real estate, , and much more.

Although knowledgeable and capable of contributing to the practice of law, the law prohibits document preparers from serving certain functions. Here are some examples:
  • Conducting depositions
  • Being an advocate in courts
  • Giving legal advice
Statistics show in some states about 75% of divorces and 60% of bankruptcies are done without lawyers. Many of these do-it-yourselfers have chosen paralegals instead of hiring lawyers.

What else can a paralegal do for you? A paralegal is more than a clerical person. They have knowledge about local procedures, and are familiar with local forms and rules.

Do you need help with filing legal documents in Prescott? We would like to help you with all your legal document preparation needs. Contact Prescott Tax and Paralegal today! Call 928-778-3113 or visit our website at http://www.PrescottTax.com.

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Please Note: We are NOT attorneys and do NOT provide legal advice. Your information is confidential, but we do not have attorney-client privilege. If you need legal advice, you will be referred to an attorney.

Wednesday, March 22, 2017

Paralegal Services and Income Tax Preparation by Prescott Tax and Paralegal

Prescott Tax Preparation and Paralegal Services in Prescott
Looking for quality tax and paralegal services in Prescott? Introducing Prescott Tax and Paralegal. We are committed to making sure that your documents are prepared with great attention to detail.  We strive to meet your individual needs.  Customer satisfaction is our goal!

Arlene and her staff work hard to eliminate any stress or concerns you may have by offering high quality expertise and professionalism for all your tax and paralegal needs.

We offer our clients the following services:
  • Preparation of legal documents for any legal matter
  • Procedural information for our clients
  • Assistance in filing documents with the appropriate agency
  • Attorney referrals when needed
  • Preparation of tax returns and representation before the IRS

We understand family law or estate planning issues can leave you feeling overwhelmed. We strive to offer the legal document assistance you are looking for while making these important decisions.
When it comes to tax planning and preparation, our goal is to help our clients easily navigate the many choices that they will need to make. We offer options that minimize tax liabilities and maximize cash flow. We work hard to boost your financial opportunities.

We would like to help with all your tax preparation and legal document preparation needs. Knowledgeable and experienced, our goal is that our clients will be completely satisfied with our performance and that they will value us as much as we value them. Contact Prescott Tax and Paralegal today! Call 928-778-3113 or visit our website at http://www.PrescottTax.com.

More Information:
Paralegal Services in Prescott
Prescott Tax Preparation
Helpful Tax and Paralegal Articles


Please Note: We are NOT attorneys and do NOT provide legal advice. Your information is confidential, but we do not have attorney-client privilege. If you need legal advice, you will be referred to an attorney.

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