Managing a Trust or Probate Administration While Living Outside the State of Arizona. As Arizona probate administration attorneys we receive many calls from individuals who do not live in Arizona, but have been nominated to serve as either a Trustee or Personal Representative. We live in an ever-increasingly mobile society. Because of this trend, many children do not live in … Read More
Do You Really Trust Your Successor Trustee? In your estate planning who you pick as the successor trustee of your family trust is an important decision that shouldn’t be taken lightly. A trustee is the manager of the instructions, contained in a family trust. During your lifetime, the grantor (person creating the trust) usually will be the trustee of his … Read More
As an estate planning attorney in Mesa, Arizona I am frequently asked the question by parents: Should I name a minor child as a beneficiary or contingent beneficiary of a life insurance policy? This question has very important legal and financial ramifications that may affect your child positively or negatively for years to come and thus, should be properly evaluated. … Read More
If you have taken the time to create a trust based estate plan and have not taken the next step to ensure all of your assets have been transferred (“funded”) properly, then your trust may not accomplish all that you have intended. Please use the following guidelines below to be certain you have funded your trust correctly to protect your … Read More
A very common scenario plays out time and time again: A parent or loved one, years ago, planning ahead (which in and of its self, is something almost 70% of American’s do not do), created a Revocable Living Trust. The Trust book was then placed on the shelf and has collected dust during the past 10+ years, having never been … Read More
The American Taxpayer Relief Act of 2012 (ATRA-2012) was enacted on January 2, 2013, effectively saving us from falling off the Estate & Gift Tax “Fiscal Cliff” that threatened us at the end of 2012. ATRA-2012 was a welcome relief for many families who worried that the estate and gift tax exemption would fall back to a $1.0 million exemption … Read More
Arizona Estate Planning & Probate Attorney, Kenneth Barney wants you to take notice: Pursuant to Rule 27.1(A) of the Arizona Rules of Probate Procedure, effective September 1, 2012, all non-licensed persons requesting to serve in any court appointed fiduciary capacity must receive training from the Arizona Supreme Court prior to appointment. A non-licensed fiduciary includes a person serving as a … Read More
The Arizona Legislature added approximately 25 changes to various Rules of Probate Procedure, some of which took effect on February 1, 2012 and others that will take effect on September 1, 2012.
You may occasionally wonder about using online “Will kits” or software to produce estate planning documents. These kits are popular because they’re cheap. However, you risk subjecting your survivors to unnecessary legal fees to fix what often turns out to be incomplete or ineffective problematic documents.