Clients often ask to set incapacity standards in their trusts and powers of attorney. Typically, they might suggest a requirement that two physicians certify incapacity before a successor trustee, or an agent, may act.We discourage these limitations. In

We frequently see one of the same handful of trust administration misunderstandings. From the length of time required, to the tax effect, to the court's involvement, there are a batch of common misunderstandings.Do we have to go to court? Can we do anyt

You may have heard of an after death checklist but what does it contain? Losing someone you love is always difficult so people often find keeping a list helps them stay organized through the chaos.Should you prioritize getting death certificates? Should

Have you ever heard of an Advance Directive? Do you know what this document is? How do Advance Directives work in practice? What is the difference between an Advance Directive and a Health Care Power of Attorney?Probably the best question: What is the d

Are you considering buying a house for your child? Or maybe helping finance the purchase with a loan or gift?We have so many questions for you. Are you planning on taking a note back, secured by an interest in the house? Or maybe jointly owning it? And

Should you name co-fiduciaries in your estate planning documents? In other words, should you name your two (or more) children to serve as joint successor trustees, or personal representatives, or agents?Our short answer: no. Co-fiduciaries do not genera

Arizonans can hold title to a vehicle your name, in joint names or in the name of your revocable living trust. Which should you use?As it happens, it's easy to transfer title to a vehicle after your death. Married couples often hold title in "or" form (

We usually agree to joint representation of spouses in estate planning. Most married couples would be surprised to hear that there is any controversy or concern about that kind of arrangement. But joint representation is actually an ethical challenge for

Are there alternatives available to creation or management of small trusts? Of course there are. We talk about several of the most common alternatives in this week's podcast episode.In the appropriate circumstances (and after good legal advice) an Arizo

Do you have a spendthrift provision in your trust? Have you wondered how that actually works? In this week's podcast, we discuss the mechanics of spendthrift trusts and how a trustee might interpret the limitations -- and the authority.