March 30, 2021
After I pass away, will there be a formal reading of my will? In Arizona, the answer is no, there will not be a formal reading of your will. In most cases, a will is admitted to probate through what’s called an informal probate proceeding. The will is submitted to the clerk of the court […]
January 27, 2020
I have addressed in previous reports the tax consequences of gifts and inheritances, but the subject is worth revisiting because I get asked about it frequently. There is a common misconception that inheritances are automatically taxable. Although the reasoning behind that misconception is usually not clearly articulated, or is unexpressed, I think it originates with […]
November 20, 2019
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 […]
October 27, 2019
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 […]
May 21, 2018
Arizona law requires that a will be in writing, signed by the testator and by two witnesses. A will that does not comply with those requirements can nevertheless be valid if the signature and the material provisions are in the handwriting of the person making the will (that’s the “testator”). A will that is handwritten […]
November 1, 2016
I have heard lots of stories over the years about how families have handled removing the contents of the family homestead when the time came to sell it, after the family members who lived there passed away. A blogger whose posts I read occasionally, who uses the screen name Coyote, recently put up a short […]
June 29, 2016
With Minnesota’s recent enactment of legislation permitting pet trusts, pet trusts are now recognized by law in all 50 states and the District of Columbia. The idea isn’t new in Arizona, however. In Arizona we have two separate statutes that deal with pet trusts, one of which is part of the probate code and has […]
April 28, 2016
For as long as I have been advising clients on estate planning and estate administration, I have seen elderly people who have made one or more of their children a joint owner on their house, their car, their bank account, or all three. The reason for doing it is almost always that the parent wants […]
September 2, 2015
Several years ago, legislation was adopted in Arizona to create the Beneficiary Designation For Vehicle Title Transfer Upon Death. It’s Arizona Department of Transportation, Motor Vehicle Division Form 96-0561, and is available on the Motor Vehicle Division’s web site (www.azdot.gov/mvd). As its name implies, the form allows you to designate one or more individuals to receive […]
May 28, 2015
I have in the past touched on the subject of burial instructions, but probably not in as much detail as I should have. Maybe that’s because it’s a sensitive subject. There isn’t as much law on the subject as you might expect. There is an Arizona statute that says a legally competent adult may prepare […]