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Marcus N. Seiter

Marcus N. Seiter

Estate Planning - Wills, Trusts, Powers of Attorney, and Peace of Mind!
  • Estate Planning
  • Arizona
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Biography

My focus is in estate planning and helping people make sound decisions. Give me a call at 480-345-3300! More about me... I am passionate about helping people formulate plans to reach their goals. Since 1999, I have been involved in that process with hundreds of clients as a professional in the financial services industry. In 2011, I enrolled at Arizona Summit Law School. It wasn’t always easy balancing family and school while maintaining a growing financial services company. But with the help of my wife and others, along with some divine intervention, I graduated with honors (summa cum laude) in 2014. The rest is history. Now I spend my time helping individuals and families create and maintain solid estate plans – truly an important work! On a more personal note: Before becoming an attorney, I grew up in Scottsdale, went to Horizon High School, and then joined the United States Marine Corps Reserves. Following my active duty training, I went on a 2 year mission for the Church of Jesus Christ of Latter-day Saints and later graduated from Arizona State University – go Sun Devils! Along the way I moved to Mesa where I met my sweetheart – Jennifer. We were married in 1999 and have since been blessed with 6 children (4 boys & 2 girls)! So when I’m not at work, I’m usually playing with my family, fixing up the house, or playing basketball. I look forward to meeting you! – Sincerely, Marcus Seiter

Education
Arizona Summit Law School
J.D. (2014) | Law
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Honors: Summa Cum Laude, Order of the Quill
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Arizona State University
Bachelors of Interdisciplinary Studies (2010) | Organizational Studies
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Professional Experience
Attorney / Founding Member
Seiter Law, PLLC
- Current
Publications
Articles & Publications
Probate Series (Part 2): 3 Ways to Avoid It
www.seiterlawpllc.com
Probate Series (Part 1): What is Probate?
www.seiterlawpllc.com
Speaking Engagements
Making Sense of Wills, Trusts, Probate and Incapacity, New Frontiers Lifelong Learning, Mesa Community College - Dobson Campus
New Frontiers
Certifications
Certified Financial Planner
Certified Financial Planner Board of Standards
Awards
Clients' Choice Award
Avvo
Professional Associations
J. Reuben Clark Law Society
- Current
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Jurisdictions Admitted to Practice
Arizona
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Fees
  • Free Consultation
  • Credit Cards Accepted
Practice Area
    Estate Planning
    Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
Languages
  • English: Spoken, Written
Legal Answers
Q. My domestic partner of 15 years justpassed and his daughter who doesn’t even live in this state is taking over my home.
A: I am sorry for your loss. To fully answer your question, an attorney would need some more information like: (1) How was the home titled at your partner's death? (2) Did your partner have a valid estate plan (Will, Trust, etc.) that includes this home and, if so, does that plan spell out any rights in this home for you? (3) Was there any type of agreement in place between you like a lease?

If the home was titled to your partner as your partner's sole and separate property, then you might not have any rights to the home beyond a 30-day implied lease unless your partner left a valid testamentary document giving you some rights beyond that. If your partner did not leave any such valid document behind, then the home will be subject to probate and the laws of intestacy. Those laws only provide rights to individuals in a specific order of priority, who are related by blood or marriage to the person who died.

Unfortunately, this type of result can seem very unfair and have very harsh financial consequences on for the surviving unmarried partner.

You should consult a local attorney who practices in the areas of probate and estate administration right away.
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Q. Deed has both deceased parents name. Mothers will gives house as living estate to two children. Which proceeds?
A: Assuming AZ house was owned JTWROS between parents, then when dad passed in 2014, the house effectively belonged solely to mother (even though nothing was recorded to reflect that). Then in 2022, the house became part of mother's probate estate. The Will giving the life estate probably governs here.

If for some reason, the home was not owned JTWROS (or CPWROS) between parents right before your father died, then half of the home would be part of father's probate estate and it gets complicated from there.

I highly recommend seeking the help of a competent attorney.
Q. Re: A family trust 3 children, trust is to divide equally. In the trust, property is "conveyed' to one son by parents
A: It is probably in your best interest to show the full trust to an estate planning attorney, because the information provided here seems incomplete. For example, if the trust first says that the house is to be conveyed to the son as his sole an separate property and then later the trust says something like, "the rest, remainder and residue is divided equally to our three children," then no, the son receiving the house would not have to buy out the other children using his share. However, if there is additional language in between those statements or if those statements are made in a different order, the result could be completely different. Another consideration is whether the son would receive the house free of any mortgage or would the trust pay off the mortgage before conveying the house. All of this is hypothetical until a competent attorney can see how the trust is worded exactly before a specific opinion can be given. I wish you luck in your search for a good attorney to help you with this. ... Read More
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Websites & Blogs
Website
Seiter Law Website
Blog
Seiter Law Blog
Contact & Map
960 W Elliot Rd Suite 114
Tempe, AZ 85284
Telephone: (480) 345-3300