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Property owners may need attorney for more protection than they think

Anyone who owns property — personal or commercial — may find themselves in need of legal services. A personal property attorney can represent you in a dispute over transfer of moveable property, such as a car, a piece of furniture, or even stocks and bonds. This differs from real estate (which is “immovable” property), and intellectual property.

Some instances that might come to mind that would require an attorney include creating a contract or lease, validating a title, a purchase from someone who doesn’t have the rights, selling something to which you only have partial rights, or personal property damage.

Nevertheless, there are other areas people might consider when assessing their legal needs.

Estate Planning

“Anyone who owns property should have an estate plan to pass the property as the owner wishes and in the most efficient way possible,” says Jacquelyne J. Mingle of Bogutz & Gordon, P.C. “Any property owner without such a plan is risking that the property could pass unexpectedly, creating heartache as well as additional expense.” 

Especially with real property, there are specific types of ownership and strategies to use to avoid having to open a probate proceeding with the court and to minimize taxes, Mingle advises. “Partly because the tax landscape has changed dramatically, anyone, not just property owners, with an older estate plan should take time to revisit it to ensure it still expresses their wishes and accomplishes their goals.”

Property Management

Owners who lease or rent property to others have a whole wealth of legal needs beyond contracts, leases, rental agreements and tenant negotiations. The most difficult parts of property management include eviction and collections.

Lippman Recupero serves individual property owners, property management companies, and commercial property owners when they need eviction assistance. The firm is licensed not only across Arizona, but nationwide, to collect debts. Based in Tucson since 2001, the firm’s cornerstone is to “collect with respect,” ensuring speedy, effective, and compassionate recovery of claims for clients, says David Lippman.

“What separates Lippman Recupero from the competition beyond doing work nationally is that we are one of the only firms that not only handles the eviction process, but we save clients time with our collection practice. We handle not only eviction claims, but also liquidated damage claims when tenants move out,” Lippman adds.

Buying and Selling

“If money is exchanged, a promise is made to pay money, there is a possible failure to repay a loan, or other loan matters are at issue, seek the counsel of an attorney and Certified Public Accountant to find out your options and possible tax ramifications,” says Bain Law Firm’s Jodi A. Bain.

Those transactions may include: monetary exchanges from one business or person to another; buying or selling something of value; investing in a new or existing venture or real estate transaction; divorce property division between parties and estate planning implications; and developing or doing a rehab project in Arizona.