Publications
November 20, 2019
by Nathan Hannah
You may have heard about a new law that says electronic wills are now valid in Arizona. I’m not against the concept, but I am reluctant to bring it up now because the new law contains specific rules about the steps that have to be taken to make an electronic will valid, and those steps are […]
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October 27, 2019
by Nathan Hannah
A business looking to get referrals for estate-related services recently sent me a copy of its newsletter. It is one of those reverse “10 best reasons” lists. This one just happens to address a subject I know something about. Its title is: “The 10 Best Reasons NOT To Do Your Estate Plan.” Naturally, I agree […]
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October 5, 2019
by Nathan Hannah
All but a few states in the United States have now adopted the Revised Uniform Fiduciary Access to Digital Assets Act (the RUFADAA). As adopted in Arizona, the RUFADAA defines a “digital asset” as “an electronic record in which an individual has a right or interest.” What does that mean, and how is it going […]
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August 27, 2019
by Nathan Hannah
A loyal reader recently told me about a situation in which a deceased family member’s remains were relocated, without the consent of the deceased’s children, long after burial. I have heard of, and dealt with, more than a few disputes involving remains, but I had never heard of a situation quite like the one my […]
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July 29, 2019
by Nathan Hannah
This might become a regular series. You may recall that in my May Update, I wrote about California property owners who got into trouble for moving dirt and trees on their property because doing so violated a conservation easement. I received many responses to that newsletter, most of them to the effect of, “how could […]
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July 1, 2019
by Nathan Hannah
When the Arizona Legislature completes its session, there’s naturally a lot of interest in what new laws have been adopted. Sometimes there’s less to those changes than meets the eye. The news reports on the just-concluded legislative session gave considerable attention to a change in the laws governing residential landlords and tenants, but on closer […]
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May 18, 2019
by Nathan Hannah
When I first saw the recent story headlined “An Uprooted Oak Tree Cost California Couple $600k” (that’s from the New York Post), I intended to ignore it. The stories with headlines like that never turn out to illustrate the point that the headline makes them appear to illustrate. Isn’t that just the way things are […]
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May 2, 2019
by Nathan Hannah
A tax newsletter that I read reported on a court decision that I think is worth passing along to you, my loyal readers. It’s a decision from the United States Court of Federal Claims that addresses this timely question: if I file a tax return late (without requesting an extension), what excuses might be good […]
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April 1, 2019
by Nathan Hannah
I suspect that in my grandparents’ day, no homeowner would have thought that he or she could control what color the neighbors could or couldn’t paint their houses. Boy, have things changed. Now, it’s news when someone paints their house an obnoxious color and dares the neighbors to do something about it. Three news items […]
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March 1, 2019
by Nathan Hannah
What is a living will? It’s a question I get asked more often than you might think. First, a living will is not a will. It also is not a trust (as in a living trust). I think it is unfortunate that the name living will was chosen for this important document, because that name […]
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January 26, 2019
by Nathan Hannah
The IRS has announced, in its first news release of the year (January 7, 2019, IR-2019-1), that it will begin accepting 2018 individual income tax returns on January 28, 2019. I had heard that the due date for individual returns would be delayed this year because April 15 is a legal holiday in some places, […]
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December 17, 2018
by Nathan Hannah
Here’s a question I am frequently asked: how do I take care of distributing my ____________ (fill in the blank: jewelry, or Hummel collection, or gun collection, or other collection of tangible items) among my relatives? The answer I give is this: make a tangible personal property list. A tangible personal property list is a […]
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November 16, 2018
by Nathan Hannah
An article that appeared recently in the Arizona Republic newspaper reminded me that it is time for an update on a subject that I wrote about a few months ago. The newspaper article was about a residential real estate brokerage operating on what has been loosely described as a “peer-to-peer” platform. If you don’t know […]
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October 30, 2018
by Nathan Hannah
Most homeowners have probably at least heard of the homestead exemption. Many probably don’t fully understand how it works, however. The homestead exemption protects up to $150,000 of equity in your home from the claims of creditors (with some important exceptions that I will discuss in a moment). What do I mean when I say […]
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October 1, 2018
by Nathan Hannah
The main purpose of a revocable living trust is to hold your assets in an entity that is separate from you personally, so that if you die or become incapacitated, the assets can be controlled and managed by someone else (your successor trustee) without the need for a legal proceeding to appoint either a personal […]
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August 23, 2018
by Nathan Hannah
I have written at various times in the past about re-titling your assets after you have established a trust, and emphasized the importance of this process. Nevertheless, I still get more questions about it than just about any other topic. So, at the risk of redundancy, I decided that it’s time for a quick review. […]
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