Arizona Estate Planning Laws

A basic estate plan is going to include a last will and testament, financial power of attorney, medical power of attorney with mental health powers and living will, and a personal property list if the individual chooses to create one. These are documents that every estate plan will have. From there, people have choices. For example, if you have minor children and want money paid to them over time, many couples will elect to create a revocable living trust. A trust will allow for the passing of someone’s estate without going through probate, keeping your financial information private, and allowing for money and assets to be given out over time, rather than one lump some, which is what happens in a probate situation. There are additional estate-planning documents that can be drafted if you want to avoid probate and you do not have a trust. For example, a beneficiary deed will allow you to select who will receive your house and other real estate immediately upon your death without ever having to go through the probate process. And, the Motor Vehicle Department now allows us to prepare a beneficiary designation, so that you can select who will receive your vehicle upon your death. There are many tools that an estate planner can provide to help you with setting things up to care for you and your loved ones. If you would like to create, revise, or update your estate plan, please call Owens & Perkins at (480) 994-8824.

If you would like to review estate planning documents with an attorney, visit this profile and submit a contact form.

By: Attorney Michelle Perkins

Probate is the legal process that confirms who is entitled to your property when you die and provides someone with the authority to transfer real estate, bank accounts, investments, and any other property you own that requires proof of ownership before it can be transferred. You can avoid probate if all of your important assets pass by operation of law. Property can pass by operation of law in one of the following six ways: beneficiary designations for retirement accounts, life insurance, and annuities, two, joint bank accounts, three, rights of survivorship and real property, four, other contractual rights, five, POD or TOD designations on bank or investment accounts, and six, beneficiary deeds for real property. You can also avoid probate, but not administration of your assets if you have a living trust. Whether avoiding probate or administration is a good idea depends on your particular circumstances. I’m Mark Bregman. Contact me at (480) 945-9131 to find out how I can use my knowledge and experience to help you choose the best estate plan.

By: Attorney Mark Bregman

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

Guardianship in Scottsdale, Arizona

I want to speak to you today regarding what a guardianship is with respect to estate planning in the state of Arizona. A guardianship consists of a court appointment of a person or entity to care for or make personal decisions for a child who is younger than 18 years of age, or an adult who is incapacitated, or otherwise unable to care for themselves, due to a mental or physical disability.

The Ward & Guardian

The person for whom a guardian is appointed is referred to as the ward. Any person, subject to court approval, may be appointed by the court to accept the responsibility of being a guardian for a ward. With respect to minor children, the court’s decision regarding who to appoint as a child’s guardian will be based upon what the court finds to be in the best interest of that child.

Any individual seeking to be appointed a guardian of a ward must disclose background information, including prior criminal convictions, as well as other information the court may request before appointing that guardian. Please feel free to contact the attorneys at Hildebrand Law if you have any questions regarding the appointment of a guardian in your case.

By: Chris Hildebrand

Hello, I’m Mark Bregman, an Arizona estate planning and probate attorney since 1979. Clients hire me because I provide them with a high degree of comfort by explaining the different ways they can plan an estate, and then following through by creating a comprehensive plan using documents that help them avoid a guardianship, conservatorship, and probate, and the advice appropriate to help them and their loved ones achieve their expectations. I stay in contact with my clients and make sure their plans will be effective when most needed. This is the most popular reason clients hire me. What differentiates me from other attorneys is that I have spent many years developing and updating the provisions I use in creating trusts, wills, powers of attorney, and living wills designed to provide maximum protection for my clients, their families, and their hard earned wealth. I listen to my clients and convey difficult, non-intuitive concepts in a way that is easily understood. I begin by collecting information that induces prospective clients to think about what is important to them so that when we meet, I can listen to them tell me about themselves, their values, their families, and their intentions. I recognize that their wealth is also important to clients with little money. Every family has issues that should be discussed so that the client can choose his or her own way of dealing with their own family dynamics I can provide inexpensive and easy solutions using beneficiary deeds, POD accounts, and beneficiary designations to pass assets without using a trust or a probate, if it’s not necessary. Most of my clients are referred by financial advisors and satisfied clients who already trust me. I asked my clients to put aside their pre-conceived ideas of what they want and instead, focus on whether they like me. Not all lawyers are for all clients. I can’t write poetry or solve quadratic equations and I certainly can’t do the work most of my clients do, but I can create great estate plans. If you would like to work with me and my team, please give me a call at (480) 945-9131.

By: Attorney Mark Bregman

If you are interested in avoiding probate and having your estate administered privately, meeting not in the public record, there are several ways to accomplish that. First, we can setup a trust. A trust will hold your assets during your lifetime, you will manage everything virtually the same way you did before, and upon your disability or death, the trust spells out who is going to take over and who gets what and when. A trust is a great instrument for payment of money over time. So, if you have minor children, a trust could be the solution for you. Another way to avoid probate is to make sure you have beneficiary designations on all of your assets. For example, on your house or real estate, you can sign a beneficiary deed that states who gets your house or real property upon your passing, and all the person has to do to receive that property is to record a death certificate with the Maricopa County recorder’s office. With your vehicles, the Motor Vehicle Department now allows you to sign a beneficiary designation form that will allow for easy transfer of title upon your death. And, with financial accounts and life insurance, you can nominate the person or persons who will receive those assets all without ever having to go through probate. If you would like to setup an estate plan to avoid the probate process, please give us a call at Owens & Perkins at (480) 994-8824.

By: Attorney Michelle Perkins

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

Estate planning is all about controlling your property while you are alive and well. Naming who takes care of you and your finances when you are unable to do so yourself, and providing for your loved ones after your gone the way you want, when you want, and how you want all at the lowest possible cost taking into consideration expenses, taxes, and fees. I’m Mark Bregman. Contact me at (480) 945-9131 to find out how I can use my experience to design a comfortable and affordable plan for you and your loved ones.

By: Attorney Mark Bregman

Adult Conservatorships

I want to speak to you today regarding adult conservatorships in the state of Arizona. An adult conservatorship occurs when a person is no longer able to provide for their own care or who is unable to take care of their own finances.

A conservator may have the authority to determine where that person will live and will make arrangements for the person’s daily life, including the food they eat, the clothes they wear, the transportation to medical and other appointments and the social and recreational activities the person will enjoy. The conservator however, must obtain the court’s approval for certain decisions, such as decisions regarding medical care and living arrangements.

Please feel free to contact the attorneys at Hildebrand Law if you have any other questions regarding an adult conservatorship in Arizona.

By: Chris Hildebrand