Estate Planning, Probate, Small Business, & Asset Protection

Category Archives: Will and Trusts

Legally Speaking: The Big 6 Estate Errors

Legally Speaking: The Big 6 Estate Errors

Failure to plan is emotionally and financially EXPENSIVE to you and your family. Do not allow your Legacy to be damaged by these Errors: 1. No Healthcare Directives If you suffer an illness or disability without healthcare directives, others will make critical decisions for you, even in violation of your values and beliefs. In some… Continue Reading

Legally Speaking: The SECURE Act

Legally Speaking: The SECURE Act

THE SECURE ACT A New Law Changes How Retirement Accounts are Inherited The SECURE Act became effective January 1st and is the most important law passed in decades governing Retirement Accounts (IRA, 401k, etc.). The highlights include: • Your Required Minimum Distributions (RMDs) can be delayed until you’re 72 (not 70 ½). • Age restrictions… Continue Reading

Legally Speaking: Estate Plan Fundamentals

Legally Speaking: Estate Plan Fundamentals

Estate Plan Fundamentals  Below are some fundamental concepts you should understand when creating or changing your Estate Plan. Probate: Court-mandated Estate administration for the deceased, whether or not they had a Will. Primary functions include authentication of Will, appointment of Personal Representative, identification of heirs, payment of debts, and distribution of property. Conservatorship/Guardianship: Court appointment… Continue Reading

Can You Avoid Probate Without a Trust?

Can You Avoid Probate Without a Trust?

Avoiding the cost and hassle of Probate in Arizona is an important Estate Planning objective. Avoiding Probate saves your loved ones a great deal of expense, delay, and inconvenience. Trust-based Estate Planning is the best way to avoid Probate (and a bargain in comparison). Nevertheless, some may not want an Estate Plan based on a… Continue Reading

Living Our Lives Online: E-Signatures and Arizona’s New Electronic Will Law

Living Our Lives Online: E-Signatures and Arizona’s New Electronic Will Law

Increasingly we are living our financial and social lives “online”, including shopping, business and legal activities. Many are uneasy about putting their information online, and question the security and enforceability of E-Signed agreements. We have all “E-Signed” many agreements. Facebook, Amazon, Netflix, Google and an unlimited number of other online services all require your E-Signature… Continue Reading

Legally Speaking: How to Pick a Fiduciary

Legally Speaking: How to Pick a Fiduciary

How to Pick a Fiduciary (Trustee, Executor, Power of Attorney) Choosing a Successor Trustee, Personal Representative (Executor), or an Agent in your Medical or Financial Powers of Attorney can be difficult. When you nominate someone, you’re picking someone to make decisions for you and your loved ones when a crisis occurs (death or disability).  Understanding… Continue Reading

Legally Speaking: Planning for New Families

Legally Speaking: Planning for New Families

Newlyweds and New Parents Need Estate Planning Too! Congratulations! Life is new and exciting! You’re a “grownup” now! You’ve recently married or welcomed a new bundle of joy into your life! The honeymoon, unfortunately, is over, and it might occur to you that “I’m not just living for me, I’m living for them too!” You… Continue Reading

What About Sparky?

What About Sparky?

Who doesn’t consider their pet a member of the family? It’s heart wrenching to think about them being gone, even scarier to think what will happen when we are gone.  Many assume a friend or relative will step up and care for their pets; in reality, a lot of these animals end up in shelters… Continue Reading

Letter to a Mourning Family Member

Letter to a Mourning Family Member

Dear Family Member; Please accept my condolences on the passing of your loved one. This letter is a response to your concerns about how to settle the Estate and help you overcome the confusion you are experiencing at this difficult time. You will likely need to file a Probate with our County Superior Court.  I… Continue Reading

Wills VS. Trusts, The Basics

Wills VS. Trusts, The Basics

Last Will & Testament A written document that is signed and witnessed. It is effective only upon death and can be changed until then. A Will: Distributes assets owned by you, except for asset that transfer via beneficiary designations (life insurance, IRAs, 401k, annuities) If your beneficiary designations are incomplete, then your Will should take… Continue Reading

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