Arizona Estate Planning Laws

A living trust is a popular tool used to avoid a probate proceeding, provide creditor protection to a surviving spouse, keep your financial information private, and allow you to avoid a conservatorship and direct who will handle your finances if you are unable to do so yourself. It allows you to give your wealth to who you want, when you want, and how you want all at the lowest possible cost including taxes, expenses, and professional fees. I’m Mark Bregman. Contact me at (480) 945-9131 to find out more about creating your own affordable estate plan.

By: Attorney Mark Bregman

Living Wills in Scottsdale, Arizona

I want to speak to you today regarding what a living will is in the state of Arizona. A living will is a written statement containing a person’s directives as to the medical care they authorize, as well as the medical care they may refuse in the event they are ever incapacitated and unable to express their desires regarding that medical care.

Health Care Power of Attorney

People usually also create a health care power of attorney, designating a person authorized to make medical decisions for that person if he or she is incapacitated. It’s a good idea to execute a health care power of attorney in the event you’re living will fails to include an unexpected health care situation that simply was not covered in your living will. Please feel free to contact the attorneys at Hildebrand Law if you have any other questions regarding living wills in Arizona.

By: Chris Hildebrand

Medical Power of Attorney

I want to speak to you today regarding what a medical power of attorney is in the state of Arizona. A medical power of attorney is a legal document allowing a person to designate another person to make medical decisions on their behalf in the event they are incapacitated and unable to make those decisions for themselves.

Duration

A medical power of attorney is effective until it is subsequently revoked, upon any expiration date set forth in the document, or upon the person’s recovery from the condition that rendered him or her unable to make their own medical decisions. The patient’s physician makes a determination whether a person is or is not incapacitated for the purpose of determining if the patient or the person designated in the health care power of attorney will be authorized to make medical decisions.

Please feel free to contact the attorneys at Hildebrand Law if you have any other questions regarding a medical power of attorney in Arizona.

By: Chris Hildebrand

About Chris Hildebrand

I’m Chris Hildebrand. I’m an attorney and the founder of Hildebrand Law. I’ve been practicing for almost twenty years. I enjoy estate planning because it gives me the ability to work closely with my clients, come up with solutions, not only solutions in terms of protecting their assets and the debts while they’re alive, but also to provide for their heirs and make sure that they are comfortable knowing that the people they care most about are protected. It also gives me the opportunity to create real relationships with people, real friendships and I find that really fascinating and interesting.

Scottsdale Estate Planning

I really enjoy that part of the practice. I think a lot of people’s fear with regards to addressing estate planning issues or meeting with an estate planning attorney is you’re inherently talking about a subject that people are uncomfortable with, which is their potential death and their assets and how much they have and how many debts they have. Clients invariably leave after the estate planning process is complete and they’re very relieved because they now know that what is important to them is protected. I think they really leave feeling empowered because of the decisions they’ve made going forward. It really forces us to look at their family as a whole and come up with a life plan for them so that they can achieve the desires or the wants or the things that they want to do both short term, now, as well as long term when they retire.

If you have any questions about estate planning or want to know more about the estate planning process, feel free to email me and I’d be happy to answer any questions you may have.

By: Chris Hildebrand

Typical estate planning documents include a living trust, a pour-over will, a living will, and powers of attorney for financial, health care, and mental health care decision-making. Tax planning, if needed, may include irrevocable trusts and asset protection may include LLCs, trusts, and careful planning. I’m Mark Bregman. Contact me at (480) 945-9131 to find out more about creating your own effective and affordable estate plan.

By: Attorney Mark Bregman

In the event a person does not create an estate plan and nominates someone to make decisions regarding their housing, living situation, and health care, the state of Arizona has setup what is called a guardianship. A guardianship is a legal court proceeding where the person that is going to take over has to go down and file a petition with the court to obtain the legal authority to make these types of decisions for you. If the court approves the person that is applying to become your guardian, the court will issue an order granting them that authority. Many times, particularly if you have more than one child, a guardianship proceeding can become a contested matter because your children may each have their own idea of what is best for you in your later years. Unfortunately, these types of contested proceedings can cause family fights that ruin relationships and cause damage that never gets repaired. But, there is an easy way to avoid putting your family through all of this. If you have created your own estate plan, in that plan there will be a health care power of attorney that allows you to nominate who you want to make these decisions for you in the event that there is ever a time when you are unable. At Owens & Perkins, we strive to keep families together. Let us help you by preparing your estate plan so that you get to make your own decisions and have those decisions carried out. Id you would like to schedule a consultation to create, revise, or update an estate plan, or discuss the possible filing of a guardianship, please contact us at Owens & Perkins at (480) 994-8824.

If you are seeking a Guardianship in Arizona, please view this profile and submit a contact form.

By: Attorney Michelle Perkins

Hi, I’m Beth Cohn. I’m an attorney at Jaburg Wilk and I work in the area of estate planning.

What is an Irrevocable Trust

An irrevocable trust is a trust that cannot be changed. Many times, people will use an irrevocable trust when they want to make gifts to their children or their grandchildren and they don’t want them to get the benefits from those trusts right away.

Amending Irrevocable Trusts in Arizona

There are a couple of options under Arizona law and one of them is having to go to court. We have a new set of statutes in Arizona, under our Arizona Trust Code, that give us guidelines of when we have to go to court in order to request court approval to make changes to irrevocable trusts. But there’s also some more flexibility that’s been given to trustees to make some changes if the provisions and the trusts allow it.

Provisions That Allow Changes to be Made

There’s a provision that’s called decanting and decanting is available for certain trusts. Usually, there’s something in that trust that someone doesn’t like. And what they do, literally, is they create a new trust and they pour those assets from the old trust into the new trust. So decanting is a technique that allows a trustee to make that decision and to transfer assets from the old broken trust to a new fixed trust. There’s some other requirements that are more technical, but it gives the trustee a lot of power if the trustee has certain discretion in the trust.

Do I Need an Attorney to Make a Trust

Well, I think there’s always a benefit. Unfortunately, I’ve seen some of the worst cases when people have grabbed forms and tried to do estate plans themselves. Whether the estate is smaller or larger, estate planning is very technical and there’s rules that we have to comply with. So I advise anybody who needs to have an estate plan done, to see an attorney.

By: Beth Cohn

Trusts

I want to speak to you today regarding what a trust is in the state of Arizona. A trust is a legal document authorizing a third party, known as a trustee, to manage your income and assets for the benefit of your beneficiaries. It may either be a revocable, meaning the trust may be terminated, or irrevocable, meaning the trust may not be terminated and the income and assets must remain in the trust and manage according to the terms of the trust.

Benefits of a Trust

A properly executed trust may be used by a person to avoid probate of the estate after his or her death and to control the manner in which his or her wealth is distributed or managed for the benefit of the beneficiaries. There are also potential tax benefits and legal protections available from the creditors of your beneficiaries that are inherent in trusts. Please feel free to contact the attorneys at Hildebrand Law if you have any other questions regarding trusts in Arizona.

By: Chris Hildebrand

How to Avoid Probate in Scottsdale

I want to speak to you today regarding how you may avoid probate in the state of Arizona. Since probate is a legal proceeding, lawyers may be retained to represent heirs of the person appointed to manage the person’s estate. Avoiding probate therefore, will likely save the estate and parties the attorneys fees and other costs incurred in a probate case.

Estate Planning

A properly executed estate plan, including a properly executed trust, funded with all of your property and appointing an executor to manage your estate will in most cases avoid the need for your heirs to be involved in a probate action in Arizona. Please feel free to contact the attorneys at Hildebrand Law, if you have any other questions on ways to avoid a probate in Arizona.

By: Chris Hildebrand