Category: Estate Planning & Probate

  • Advance Directives in Arizona: Living Wills and the Mental Health Care Power of Attorney

    An advance directive Arizona living will document lets a person spell out their medical wishes before a crisis takes away their ability to speak for themselves. Most people think of this as a single form. In Arizona, it’s actually a set of related documents, each covering a different kind of decision. Understanding the difference matters,…

  • Elder Guardianship for an Aging Parent: When a Family Should Consider Filing

    Guardianship for an aging parent in Arizona is a decision most families hope they’ll never face. It usually comes up gradually, not all at once. A parent starts missing bill payments. A doctor raises concerns about memory. A sibling notices decisions that don’t add up anymore. Filing for guardianship is a serious step, since it…

  • Executor Duties in Arizona: What a Personal Representative Is Actually Responsible For

    Executor duties Arizona law assigns to a personal representative go well beyond reading a will out loud and handing out property. The role carries real legal responsibility. A personal representative who mishandles it can face personal liability to the estate’s creditors and beneficiaries. Anyone named as executor in a will, or appointed by the court…

  • Special Needs Trusts in Arizona: Protecting Benefits Eligibility While Leaving an Inheritance

    A special needs trust Arizona families set up solves a problem that catches many parents off guard. Leaving an inheritance directly to a child or family member with a disability can disqualify that person from Medicaid, Supplemental Security Income, and other means-tested benefits. A properly drafted special needs trust lets a family leave money behind…

  • Digital Assets in an Estate Plan: What Arizona’s Fiduciary Access Law Covers

    Digital assets estate plan Arizona families build often leaves out an entire category of property. Email accounts, cloud photo libraries, cryptocurrency wallets, social media profiles, and online banking logins all count. Without clear legal authority, a fiduciary can get locked out of these accounts. The same terms-of-service agreements meant to protect the original owner’s privacy…

  • ALTCS Medicaid Planning Arizona: The Look-Back Period Explained

    ALTCS Medicaid planning Arizona families face often starts with a single, urgent worry: a parent needs nursing home care now, and the cost threatens to consume everything the family has. Arizona’s long-term care Medicaid program, ALTCS, can cover that cost. But it only pays out after passing a strict asset test. The timing of any…

  • Beneficiary Designation vs Will Arizona: Why the Account Form Usually Wins

    In a beneficiary designation vs will Arizona dispute, the beneficiary designation almost always wins. That’s true even when the will was signed more recently and says something completely different. A life insurance policy, a 401(k), an IRA, or a payable-on-death bank account transfers directly to whoever is named on the account’s own beneficiary form. The…

  • Small Estate Affidavit Arizona: When Probate Can Be Skipped Entirely

    A small estate affidavit Arizona law allows can let a family skip probate entirely. But the dollar thresholds that qualify an estate changed recently. A lot of the advice circulating online still cites the old numbers. Under A.R.S. § 14-3971, as increased effective September 26, 2025, an estate can use the affidavit process if personal…

  • Revocable Living Trust Arizona: What It Does (and the Myths About What It Doesn’t)

    A revocable living trust Arizona residents set up doesn’t protect assets from creditors. It doesn’t reduce estate taxes for most families. It doesn’t eliminate the need for a will either. Those are three of the most common myths surrounding trusts, and all three misunderstand what the tool is actually designed to do. A revocable trust’s…

  • Will Contest Arizona: What Actually Has to Be Proven to Overturn a Will

    Disagreeing with what a will says isn’t grounds for a will contest Arizona courts will consider. A contestant has to prove one of a specific, limited set of legal defects. The will simply distributing property in a way someone finds unfair changes nothing. Under A.R.S. § 14-3407, the person challenging a will carries the burden…