Posts tagged Estate Planning
Top 3 Probate Traps in Arizona (and How to Avoid Them in Maricopa County)

Probate can feel like a maze. For families in Arizona, especially in Maricopa County, the process is often confusing, time-sensitive, and full of technical rules that aren’t obvious from the outside. Families stumble into the same traps again and again. These mistakes don’t just delay closing an estate — they can lead to personal liability, extra court hearings, or even lawsuits.

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How Do I Name a Guardian for My Kids in Arizona?

When you’re a parent, the hardest “what if” question is: Who would take care of my children if something happened to me? Naming a guardian is one of the most important parts of estate planning for Arizona families. Without clear instructions, a court decides — and that may not be the person you would have chosen. Here’s what you need to know about naming a guardian for your children in Arizona.

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Why “Quick Fix” Estate Planning Can Backfire in Arizona

In Arizona, many families try to keep estate planning simple. Instead of working with an attorney, they use shortcuts: adding children to the deed of the family home, putting kids on bank accounts, or gifting property during life. On the surface, these moves may look like an easy way to avoid probate or legal fees. In reality, they often create costly problems — from tax bills to lawsuits between siblings. Here’s why “do-it-yourself” fixes often backfire in Arizona and end up costing more in the long run.

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Estate Planning for Families with College-Age Kids: Why Move-In Season Is the Perfect Time to Update Your Plan

It’s that time of year again—Targets packed with dorm supplies, IKEA lines stretching around the block, and moving vans pulling into Tempe for ASU’s move-in weekend. For parents, this season is all about making sure your student is ready for independence—new bedding, laptops, and maybe a little advice about laundry.

But college move-in season is also the perfect reminder that your estate plan needs to keep pace with your family. Once your children turn 18, guardianship provisions in your will or trust are no longer necessary. Instead, planning shifts to protecting young adults financially while preparing them to handle the responsibility of inheritance.

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What Assets Go Through Probate in Arizona?

When someone passes away, not everything they owned necessarily goes through probate. In Arizona, probate is only required for certain types of property—specifically, assets that were titled in the decedent’s name alone and lacked a legally valid plan for transfer. Understanding which assets require probate and which do not is critical for both families settling an estate and individuals planning ahead.

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Arizona Increases Small Estate Limits in Probate Law Update: What You Need to Know About A.R.S. § 14-3971

Arizona has enacted a significant change to its probate laws that will impact families settling small estates. Effective June 30, 2025, the revised A.R.S. § 14-3971 dramatically increases the value thresholds for using a Small Estate Affidavit, streamlining estate administration for many Arizona families.

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Top Ten Considerations for Short Term Rental Owners

Operating a short term rental property can be an intimidating venture. Owners of rental homes are expected to comply with pertinent laws and property restrictions, or hire someone that can help them comply with their obligations.  Avoid unnecessary legal risk and focus on maximizing their property’s potential by accounting for these top ten considerations from the outset.

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Avoiding Probate

Probate is a legal process that takes place after someone passes away. It involves the informal or formal transfer of a deceased person’s assets to their heirs or beneficiaries through a court. Here in Arizona, this process is governed by the Arizona Probate Code. The probate process can be lengthy and costly.

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Designating a Guardian for your Minor Children

What happens if you and/or your partner pass away while your children are still minors? A last will and testament or living trust ensures a seamless transition for the care of your minor children. If you die without a will or living trust formally appointing a guardian for your children (intestate), the court may appoint a guardian for your child. Priority is generally given to family members. The process can be contentious if multiple relatives disagree about the best interests of the child or children.

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What is a Beneficiary Deed?

In Arizona, a beneficiary deed allows property to be transferred to someone else automatically when the current owner dies. Some homeowners use a beneficiary deed to bypass probate. The homeowner keeps control of the property, including the ability to sell or refinance the property even if they have recorded a beneficiary deed. Beneficiary deeds are revocable. In other words, the homeowner can change their mind after recording a beneficiary deed as long as they still own the property and record a new deed. Beneficiary deeds can be recorded for property even if there is a secured debt or lien on the property. The grantee of a beneficiary deed does not have any rights to the property until and unless the record owner of the property passes away.

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Making Arrangements for Your Digital Assets in the Information Age

Most people know the benefits of a good estate plan. Comprehensive estate plans help you designate a guardian for your minor children, a personal representative to administer your estate if you die, and a fiduciary to make financial and health decisions if you are incapacitated. You can also individually assign your real estate, cars, life insurance, and financial accounts to specific people upon death.

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