Arizona Estate Planning, Business Law, and Adoptions

Arizona's Confidential Intermediary Program

Arizona’s Confidential Intermediary Program: Providing Answers to Some of Your Most Important Questions.

Closed adoptions have been the norm for over five decades. Much has changed during that time. We now know that birth parents never forget their children who were placed for adoption, nor do adopted individuals stop wondering about their biological heritage.

All three parties to the triad, the adopted person, the birth parents and the adoptive parents, recognize the need to share medical information. For all of these reasons, and more, parties to closed adoptions have begun to search for one another. They are all impacted in different ways.

In response to the need to share medical information and other compelling reasons the Confidential Intermediary Program was established in 1991 by the Arizona State Legislature. The Confidential Intermediary Program provides for a confidential intermediary, as specified by the court, to act as a liaison between an adoptive parent or guardian, or an adult adopted person and a birth parent (triad members) in establishing contact between them. As of July 20, 1996, adult birth siblings may also utilize confidential intermediary services. The program facilitates contact for those who desire it, while protecting the confidentiality of those who desire their adoption records to remain sealed.

In 2007 the Arizona State Legislature extended the role of a Confidential Intermediary Program to include the Sibling Information Exchange (SIX), which provides former dependent children the ability to locate, and stay in touch with, siblings separated by a dependency action.  Under both statutes, a Confidential Intermediaries is allowed access to court records in order to obtain information necessary to locate the sought after party.

The Confidential Intermediary Program may be used by:

• The adoptive parents of an adoptee who is at least eighteen years of age, or, if the adoptive parents are deceased, the adoptee’s guardian;
• An adoptee if the adoptee is at least eighteen years of age;
• If an adoptee is deceased, the adoptee’s spouse if the spouse is the legal parent or guardian of any child of the adoptee;
• If an adoptee is deceased, any child of the adoptee who is at least eighteen years of age;
• Either of the birth parents of the adoptee;
• If the birth parents of an adoptee are deceased, the parent of the birth parent;
• A biological sibling of the adoptee if the sibling is at least eighteen years of age; or,
• Medical information search by court order.

You may participate in the Sibling Information Exchange (SIX) if you are one of the following:

• 18 years or older and a former dependent child. A dependent child is a person under 18 years old who is a ward of the juvenile court due to abuse, neglect or abandonment;
• 17 or under and a former dependent child. If under 18, your participation must include your adoptive parent, guardian or biological parent if he or she has legal custody and is not involved in a current juvenile court dependency case. A former dependent child is a child who was determined by the juvenile court to need protection and services and became a ward of the court. Once the court dismisses the case, the dependent child becomes a former dependent child, which can happen before the child becomes 18; or,
• Over 18 and you are the sibling of a former dependent child. For purpose of SIX, a sibling is your brothers and sisters from the same biological parents or from a stepparent or adoptive parent. Hence, under SIX, a sibling includes your stepbrothers and stepsisters as well as your adoptive brothers and sisters.

The Arizona Supreme Court, Administrative Office of the Courts, has adopted rules and procedures to implement and operate the program, establishing fees, training and standards of conduct for confidential intermediaries.

You may contact the Confidential Intermediary Program by phone at (602) 452-3957 or text telephone for the hearing impaired (602) 452-3545 or by email at CIP@courts.az.gov.

Below are two lists of Confidential Intermediaries. The first list is for Confidential Intermediaries working exclusively in Maricopa County. The second list includes Confidential Intermediaries working in various counties throughout Arizona.

Certified Confidential Intermediaries serving Maricopa County exclusively

                             

Mavis Gaffney 6020 E. Cholla Lane Scottsdale, AZ 85253 (480) 945-5998 magaf71@yahoo.com	Alice Ernst P.O. Box 14033 Scottsdale, AZ 85267 (480) 563-4138 (480) 563-0651 (fax) travlholic@aol.com
Judith Friddle & Kristen Hamilton 8390 E. Via DeVentura #F110-184 Scottsdale, AZ 85258 (480) 664-4345 (800) 992-3571 rsearchetc@aol.com   www.ResearchEtcInc.com	Judy Schubert 2313 E. Montebello Phoenix, AZ 85016 (602) 956-5090 jschubert@cox.net
Shirley B. Pusey Scottsdale, AZ 85250 (480) 946-7285 sher2701@aol.com	Marjane McDougall 6739 N. Second Ave. Phoenix, AZ 85013 (602) 274-0522 (602) 728-0477 (fax) mmcdou@cox.net
Victoria I. Mikoch Private Investigator A Very Private Eye Research & Investigations (623) 572-2665 (623) 572-2651 (fax) vimpi@worldnet.att.net	Hillary Resnick Kaminsky Social Worker P.O. Box 30491 Phoenix, AZ 85046 (602) 953-3213 (602) 953-1841 (fax) hrkci@aol.com
Jeannette "Elaine" Casselman (602) 957-3370 (602) 373-7499 (cell) (602) 957-3368 (fax) ecassel40@aol.com	Barbara Graham (602) 285-1999 (480) 203-9537 Karlinick@yahoo.com Search limited to placed or adopted through Catholic Social Services
Shelley Savage 623-972-8700 shsav@cox.net http://www.familyspiritcip.com	Pamela Serio 623-628-6273 pssearch@cox.net fax:  623-825-2516
Sarah Hooper (602) 943-4393	Cecile Marshall (623) 322-2743 cecile1@nethere.com
Marilyn A. Pollard (602) 276-6698

Certified Confidential Intermediaries serving throughout Arizona

                                                                                                               

Contact Information	Counties Served
Diane Stubbs Private Investigator DLS Information Services Scottsdale, AZ 85259 (480) 657-7696 www.DLSinfo.com	All Counties
Stephen C. Kopp Personal Search Consultant Quality Research 26629 S. Papago Pl. Sun Lakes, AZ 85248 (480) 895-4954 qrsk@aol.com	Maricopa; Pinal
Dana Young Private Investigator Discovery Detective Group 6501 E. Greenway Pkwy #103-500 Scottsdale, AZ 85254 480-946-7173 800-589-2098 ops@discoverydetectivegroup.com www.discoverydetectivegroup.com	Apache; Cochise;   Coconino; Gila; Graham; Greenlee; La Paz; Maricopa; Mohave; Navajo; Pima;   Pinal; Santa Cruz; Yavapai; Yuma
Sarah Boyle Private Investigator Discovery Detective Group 6501 E. Greenway Pkwy #103-500 Scottsdale, AZ 85254 480-946-7173 800-589-2098 teama@discoverydetectivegroup.com www.discoverydetectivegroup.com	Apache; Cochise;   Coconino; Gila; Graham; Greenlee; La Paz; Maricopa; Mohave; Navajo; Pima;   Pinal; Santa Cruz; Yavapai; Yuma
Rae Gibson Christian Family Care   Agency 602-234-1935 rgibson@cfcare.org	Apache; Cochise;   Coconino; Gila; Graham; Greenlee; La Paz; Maricopa; Mohave; Navajo; Pima;   Pinal; Santa Cruz; Yavapai; Yuma
George Gonzalez Family Spirit CIP (602) 993-5331 (602) 505-3315 familyspirit3@yahoo.com www.familyspiritcip.com	Apache; Cochise;   Coconino; Gila; Graham; Greenlee; La Paz; Maricopa; Mohave; Navajo; Pima;   Pinal; Santa Cruz; Yavapai; Yuma
Laura Kaiblinger AZ Adoption Records Finder 4939 W. Ray Rd. Suite 4-218 Chandler, AZ  85226 (480) 510-0893 business Laura@azadoptionrecordsfinder.com http://azadoptionrecordsfinder.com/	Apache; Cochise;   Coconino; Gila; Graham; Greenlee; La Paz; Maricopa; Mohave; Navajo; Pima;   Pinal; Santa Cruz; Yavapai; Yuma
Elaine Lambert-Williams 1037 N. 93rd Place Mesa, AZ 85207 (480) 357-8600 emwillia@mpsaz.org	Apache; Cochise;   Coconino; Gila; Graham; Greenlee; La Paz; Maricopa; Mohave; Navajo; Pima;   Pinal; Santa Cruz; Yavapai; Yuma
Jennifer M. Owles 86 University Dr.   # 101C Mesa, AZ 85201 (480)   633-3396 fax (480) 668-1948 Jowles@PrivateEyeInvestigations.com	Apache; Cochise;   Coconino; Gila; Graham; Greenlee; La Paz; Maricopa; Mohave; Navajo; Pima;   Pinal; Santa Cruz; Yavapai; Yuma
Shirley Lewis 11435 N. 51st   Drive Glendale, AZ  85304 623-979-5678 shirleytlewis@yahoo.com	Apache; Cochise;   Coconino; Gila; Graham; Greenlee; La Paz; Maricopa; Mohave; Navajo; Pima;   Pinal; Santa Cruz; Yavapai; Yuma
Nora Cate McArdle 480-998-3241 veritas.intelligence.agency@gmail.com www.veritasintelligenceagency.com	Apache;   Cochise; Coconino; Gila; Graham; Greenlee; La Paz; Maricopa; Mohave; Navajo;   Pima; Pinal; Santa Cruz; Yavapai; Yuma
Timothy Rosenthal 4040 E. McDowell   Road, #317 Phoenix, AZ 85008 602-999-2998 TRosenthal@Privateeyeinvestigations.com www.privateeyeinvestigatons.com	Apache; Cochise;   Coconino; Gila; Graham; Greenlee; La Paz; Maricopa; Mohave; Navajo; Pima;   Pinal; Santa Cruz; Yavapai; Yuma
Shelly Clifford 9764 E. Nicaragua   Place Tucson, AZ  85730 (520) 390-3829 (cell) shellyclifford@aol.com	Pima; Cochise
Andrea McCulley Christian Family   Care Agency 6063 E. Grant Road Tucson, AZ  85712 (520) 296-8255 andrea@cfcare.org	Pima
Joyce Schmidt 11474 W. Anthony   Dr.             Tucson, AZ  85743 (602)   539-3016 http://azcijoyce.googlepages.com/cihome azcijoyce@gmail.com	Pima, Maricopa
Sandra Murphy 2281 McNeil St. Lakeside, AZ  85929 (928) 368-5417 cisandym@yahoo.com	Apache; Coconino;   Gila; Graham; Greenlee; Maricopa; Navajo; Pinal; Yavapai
Margaret Dewey P.O. Box 448 Parker, AZ  85344 (928) 667-4797 maggiedew9@hotmail.com	La Paz, Mohave,   Yuma
Raymond T. Baxter P.O. Box 1384 Pine, AZ 85544 (480) 734-5400 rayax33@msn.com	Apache; Cochise;   Coconino; Gila; Graham; Greenlee; La Paz; Maricopa; Mohave; Navajo; Pima;   Pinal; Santa Cruz; Yavapai; Yuma
Sheila Cahill Private   Investigator Palmer Investigative Services P.O. Box 10760 Prescott, AZ 86304 (928) 778-2951 magnum@cableone.net www.palmerinvestigative.com	Apache; Cochise;   Coconino; Gila; Graham; Greenlee; La Paz; Maricopa; Mohave; Navajo; Pima;   Pinal; Santa Cruz; Yavapai; Yuma
Craig Sommerfield  623-877-1286 casommer@cox.net
Joan Moreaux 520-648-7515 jmoreci@cox.net	Pima
Anne Jensen (480) 483-0060	Coconino;   Maricopa;  Yavapai
Nance Daley (602) 549-7329 (Cell) nandaley@msn.com	Apache; Cochise;   Coconino; Gila; Graham; Greenlee; La Paz; Maricopa; Mohave; Navajo; Pima;   Pinal; Santa Cruz; Yavapai; Yuma
Carol Jerred (520) 408-8188 jerredpi@comcast.net	Apache; Cochise;   Coconino; Gila; Graham; Greenlee; La Paz; Maricopa; Mohave; Navajo; Pima;   Pinal; Santa Cruz; Yavapai; Yuma
Miriam Johnson (520) 400-4574 miriamjohnson@comcast.net	Apache; Cochise;   Coconino; Gila; Graham; Greenlee; La Paz; Maricopa; Mohave; Navajo; Pima;   Pinal; Santa Cruz; Yavapai; Yuma
Wayne Taylor 480-969-9061 wataylor@cox.net	Apache; Cochise;   Coconino; Gila; Graham; Greenlee; La Paz; Maricopa; Mohave; Navajo; Pima;   Pinal; Santa Cruz; Yavapai; Yuma
Candice Rizzuto AZ and CO Confidential Intermediary Loveland, CO 80538 Phone/Fax: (970) 622-0532 czoot@mesanetworks.net	All Counties

The Probate Process in Arizona

Probate

After death, your loved ones can open probate to administer your estate. If you loved ones fail to open probate then a creditor can choose to open probate after a specific period of time. During the probate process whereby your debts are paid and your assets are distributed according to the terms of your will a personal representative will be appointed by the court to properly administer your estate. Your will should name the personal representative.

Typically, most estates are administered in an “informal” proceeding. “Formal” administration of an estate are available where there is dispute regarding the dispositive terms or validity of the will.

In any event, many documents must be filed with the court to ensure that all of the estate assets are accounted for and properly distributed and then accounted for once again.

Arizona law requires that a Notice to Creditors be presented to all known creditors and published in a newspaper of general circulation. Creditors must have four months to present a claim against the estate. Therefore, probate proceedings require at least four months before they can be closed. Sometimes, probate proceedings can take years to complete. The cost of conducting probate proceedings ranges based on several factors, which include but are not limited to the complexity of the probate matter, family feuds concerning the intent and language of a will, number of assets involved, etc.

Probate proceedings are filed with the Clerk of the Court, which are listed below. The law firm of Spencer Evans assists clients throughout the state of Arizona to properly probate their loved ones estates. If you would like legal assistance in completing a probate, please contact my office at (623) 505-0565.

                               

Apache County   Sue Hall   Clerk of the Apache County Superior Court   PO Box 365 St. Johns, AZ 85936   Telephone:  (928) 337-7550   Fax: (928) 337-2771	Cochise County   Denise I. Lundin   Clerk of the Cochise County Superior Court   P.O. Box CK   Bisbee, AZ 85603   Telephone: (520) 432-8570   Fax: (520) 432-4850
Coconino County   Deborah Young   Clerk of the Coconino County Superior Court   200 N. San Francisco (Court House)   Flagstaff AZ. 86001   Telephone: (928) 779-6535	Margaret Toot   Clerk of the Gila County Superior Court   Globe Courthouse   1400 E. Ash Street   Globe, AZ 85501   Telephone: (928) 425-3231
Graham County   Darlee Maylen   Clerk of the Graham County Superior Court   800 W. Main St.   Safford, AZ 85546   Telephone: (928) 428-3919	Greenlee County   Clerk   of the Greenlee County Superior Court   P.O. Box 908   Clifton, AZ 85533   Telephone: (928) 865-2072   Fax: (928) 865-4417
La Paz County   Sheri   Newman   Clerk of the La Paz County Superior Court   1316 Kofa Ave.   Parker, Arizona 85344   Telephone: (928) 669-6131	Maricopa County   Clerk of the Maricopa County Probate Court   125 W. Washington   Phoenix, AZ 85003-2243   Telephone: (602) 506-3668
Mohave County   Clerk of the Mohave County Superior Court   401 East Spring Street   P.O. Box 7000   Kingman Arizona 86402-7000   Telephone: (928) 753-0713   Fax: (928) 753-0781	Navajo County   Clerk of the   Navajo County Superior Court   100 East Carter Drive, South Highway 77   Holbrook, AZ 86025   Telephone: (928) 524-4000
Pima County   Patricia A. Noland   Clerk of the Pima County Superior Court   110 West Congress St.   Tucson, Arizona 85701-1317   Telephone: (520) 740-3200   Fax: (520) 798-3531	Pinal County   Kristi Youtsey Ruiz   Clerk of the Pinal County Superior Court   31 N. Pinal Street Bldg E.   Florence, AZ 85232   Telephone: (520) 866-6296   Fax: (520) 866-6252
Santa Cruz County   Clerk of the Santa Cruz County Superior Court   2150 North Congress Drive   Nogales, AZ 85621   Telephone: (520) 761-7800   Fax: (520) 761-7843	Yavapai County   Jeanne Hicks   Clerk of the Yavapai County Superior Court   120 S Cortez Room 207   Prescott, AZ 86301   Telephone: (928) 771-3312   Fax: (928) 771-3111
Yuma County   Clerk of the Yuma County Superior Court   198 S. Main Street   Yuma, AZ 85364   Telephone: (928) 329-2104   Fax: (928) 329-2001

SPENCER EVANS
ATTORNEY AT LAW, PLC
PLANNING FOR SUCCESSION SM
(623) 505-0565
se@spencerevans.com

Last Will & Testament

Wills

No one wants to think about death, especially the prospect of one’s own death being sooner than later. Yet, it is important to make sure that your loved ones are provided for and taken care of if anything happens to you. If you don’t have a will, now is the time to give it serious thought. If you have already executed a will and you want to make changes to it, now is also the time to do so.

If you fail to plan for the disposition of your assets, the State of Arizona has already decided how your assets will be distributed; however, the State’s plan of distribution is likely not the same as your plan. More importantly than asset distribution is determining who will be the guardian of your children. It is important to designate in your will who will be the guardian of your children so that your children will be provided for and taken care of. No one knows better than you do as a parent who will best raise your children in the event you die while your greatest treasures are still young children.

What is a Valid Will?

In Arizona, the following requirements must be met in order for a will to be properly executed:

1) Testator must be eighteen years of age;

2) The Will must be written with testamentary intent;

3) The Testator must sign the Will;

4) Two persons must witness the Testator’s signing (or Testator’s acknowledgement of a previous signature); and

5) The witnesses must sign the will within a reasonable time thereafter.

An uncontested will may be admitted to probate as long as it appears to have been validly executed. If the will is contested, the court will schedule a formal testacy proceeding.

If you will does not meet the requirements set forth above the court may determine that it was not validly executed and may distribute your assets as if you had not made a will at all. 

Completing a Will

It is unfortunate that a majority of people in the United States do not have a will. Perhaps, even more unfortunate are the numerous issues that arise to individuals who have already prepared their wills without the assistance of legal advise. Many issues arise when drafting a will and many unforeseen consequences are incurred by individuals who choose to draft their own wills without the assistance of an attorney. The legal issues that arise from drafting wills without the assistance of an attorney are only compounded when the testator creates subsequent wills, modifies a will, revokes a will, attempts to amend only certain portions of a will or attempts to revoke the will. Additional issues regarding ademption arise when a testator provides that a beneficiary is to receive a specific gift (e.g. “my 2002 Ford Mustang”), but later sales the Mustang before passing away. At times additional issues arise regarding the true intent of the testator after his or her death when a beneficiary predeceases the testator after the will was executed. For these and many other reasons, it is wise to utilize the assistance of a licensed Arizona attorney to prepare your estate plan. 

SPENCER EVANS
ATTORNEY AT LAW, PLC
PLANNING FOR SUCCESSION SM
(623) 505-0565
se@spencerevans.com

 

Disclaimer & Privacy Policy

This Website is intended solely to convey general information about Spencer Evans, Attorney at Law, PLC ("the Firm"). The content of the Website is not intended to constitute legal advice. As such, this Website may not be relied upon as legal advice. While the Firm has attempted to maintain the information on this Website, the Website may nonetheless contain errors or omissions, for which the Firm disclaims any liability. Furthermore, the Firm does not warrant the accuracy or completeness of any other Website choosing to link to the Firm’s Website or which the user may have accessed the Firm’s Website. 

It is of paramount important that you do not send the Firm confidential information through the Firm’s Website. The confidentiality of any communication between you and the Firm will not be protected until an attorney-client relationship is formally established. Neither your use of this site nor your transmission of electronic mail to the Firm or any employee of the Firm will create an attorney-client relationship. The formation of an attorney-client relationship requires satisfaction of multiple factors such as resolution of possible conflicts of interest, an appropriate fee arrangement and mutual agreement on the terms of the engagement which must be signed. You are required to perform due diligence and check for conflicts of interest before contacting the Firm to request legal advice. 

In the absence of an attorney-client relationship, materials you send to us may not be protected by the attorney-client privilege and third parties may be able to force the Firm to reveal the information you send to us.

This Website is not to be construed as an offer by the Firm or any of its attorneys to practice law in any jurisdiction in which Spencer Evans is not properly authorized to practice. The listing of an area of practice by the Firm or Spencer Evans does not indicate any certification, expertise, or specialization in any area of the law.

No content of the Firm’s Website may be used absent prior written authorization. The Firm reserves the right to cancel any license granted to use the Firm’s Website Content.

Power of Attorney

A power of attorney is a document that authorizes an individual to act on your behalf to the extent authorized in the power of attorney. When you execute a power of attorney, you appoint an individual as attorney-in-fact to manage your financial affairs. If you execute a durable power of attorney your attorney-in-fact can continue to manage your financial affairs after you incapacitated.

Your attorney-in-fact should have in their possession the original power of attorney. Quite often it is recommended that you give a conformed copy of the power of attorney to all of your alternate attorneys-in-fact to ensure that they are willing to act as an attorney-in-fact.

Generally, the power of attorney is either: (1) effective from the moment it is signed until the time of death or (2) effective only when you become incapacitated. The durable power of attorney effective if you are physically or mentally incapacitated, but ends upon death. After death, the Successor Trustee(s) have powers of management and the right to distribute the assets of a Trust to the beneficiaries if you have a Trust. Otherwise, the personal representative appointed in your Will or appointed by the court will probate your estate if necessary.

Before you execute a power of attorney it is imperative that you have total confidence in the person named as the attorney-in-fact, since that person will have the right to act on your behalf in regard to all activities described in the documents. If total confidence does not exist, do not sign the Power of Attorney.

There are several different types of powers of attorneys. A power of attorney may be special or limited to one specific act or type of act, or it may be general and become ineffective if the grantor dies or becomes incapacitated. A durable power of attorney will continue to be effective even if the grantor becomes incapacitated, but ends upon the grantor’s death. A durable power of attorney can become effective immediately upon signing or it can have a springing power and only become effective after the incapacity of the grantor or some other definite future act or circumstance. A durable power of attorney can also be a Health Care Power of Attorney, which is an advance directive that allows the attorney-in-fact to make health care decisions for the grantor. Health care decisions include the power to consent, refuse consent or withdraw consent to any type of medical procedure, service, care or treatment. A Living Will is a written document, which states one’s medical and health care wishes, but does not appoint another person to make health care decisions.   

If you would like to execute a power of attorney or have questions regarding how to revoke a power of attorney, please contact the law firm of Spencer Evans for legal assistance.

SPENCER EVANS
ATTORNEY AT LAW, PLC
PLANNING FOR SUCCESSION SM
(623) 505-0565
se@spencerevans.com

Living Trusts

A Living Trust is sometimes the keystone to an estate plan. It contains instructions for your own care if you become disabled and designates whom your beneficiaries will be upon your death. When you create a Living Trust, you are referred to as the Grantor(s) and during your life you will usually be the Trustee(s) and the life-time beneficiary or beneficiaries of all your asset that you transfer into the Trust. A Living Trust is also a port-mortem planning tool.  In addition, when you create a Living Trust you designate who your beneficiaries are upon your death.  Your Living Trust also spells out the details of how much support your beneficiaries are to receive through your trust and at what age(s) they are to receive distributions from the Trust. Moreover, your Living Trust is a private document and is intended to keep your financial affairs private and to carry out your wishes efficiently without judicial involvement. However, your Trust can only achieve these objectives if your Living Trust is properly funded.  Unfortunately, some people have paid thousands of dollars for a Living Trust, which would carry out their estate planning needs; however, the Trust owns no property.  When this occurs, post-death probate of the decedents estate will be necessary to transfer assets, such as a primary residency, checking accounts, etc., into the Trust.   

A Revocable Living Trust can be modified and amended to match your estate plan whenever you desire.  Amendments to a Revocable Living Trust must be done through written instruments that comply with all of the legal requirements for amendment or revocation of a Living Trust. A Revocable Living Trust should only be modified, amended or revoked after consulting with a competent legal adviser.  Your attempts to revoke or modify your estate plan may not be legally effective and may result in confusion and costly litigation.  In addition, when you are contemplating changes that you would like to make to your existing estate plan, whether it involves only a Last Will & Testament or also a Revocable Living Trust, it is of paramount importance that you do not write your desired wishes on the existing documents. 

If you are contemplating changes to your current estate plan, please call this office for assistance in amending, modifying, or revoking of your existing legal instruments found within your estate plan. Or, if you have an estate plan created by another lawyer, or a Trust Mill, but don't understand what the documents say or mean, please call this office and we will be happy to assist you to make sure your current estate planning documents match your goals and desires.  Simply put, it is my desire to help you with your estate planning goals. To that end, it is this office's practice to meet with past clients every five years to their estate plans and their new financial situation. In addition, review of legal documents are also important to see whether laws have changes that affect your existing estate plan and need to taken into account in updating your current estate plan.   

Generally, it is prudent too transfer all tangible personal property into the trust, so that furniture, household items, etc. are not subject to probate.  This is easily facilitated with a simple Bill of Sale and a Comprehensive Transfer Document that assigns all property to the trust, which is presently owned or acquired at a later date.  Real property must transfered with more formality and evidenced by recorded documents.

Tax-favored assets on which recognition of income has been deferred such as IRAs and other types of retirement plans are generally treated differently in the estate planning process than other assets.  Generally, with tax-favored assets the grantor(s) of the Living Trust retain ownership of these assets and the spouse, other individuals, or the Trustees of the Trust are designated as a beneficiary, depending upon the desired plan of distribution and tax planning considerations. Some Trusts may have advanced language including conduit provisions in the event that the Trustees are designated as beneficiaries.

When you create a Trust you are the Grantor(s) and are typically the Trustee(s) during your lifetime. When the Grantor(s) are the Trustee(s) of the Living Trust, the Trust will not need to apply for and receive a taxpayer identification number for income tax purposes. Your Trust will designate who the Successor Trustee(s) are in the event you become incapacitated or if you pass away.  Your Successor Trustee(s) will serve and administer the terms of the Trust after you pass away. 

If a Primary Trustee becomes incompetent and no other primary trustee is available to take over management, then the named Successor Trustee(s) may take over management of the Trust according to the terms of the trust agreement. This firms suggests that your Trust requires that two doctors sign affidavits stating that the Trustee is incompetent to act. Typically, the statements of the doctors must be served upon the Trustee who is allegedly incompetent to act. If the person who is allegedly incompetent gives written notice to the Successor Trustee(s) who obtained the doctor’s certificates that he or she disagrees with the doctors, then the original Trustee remains in power unless he or she is removed by a court. Generally, if the original Trustee does not give written notice of disagreement, the Successor Trustee(s) should take copies of the doctor’s affidavits, the Declaration of Service, and a copy of the Certificate of Trustee Authority and Power to banks or other institutions or individuals holding assets. These documents will give the Successor Trustee(s) the authority to take over management of all trust assets. Thus, the Living Trust is useful method to provide for yourself in the event that you become incompetent during life.  Having your estate planning done brings a wonderful peace of mind. 

The law firm of Spencer Evans assists individuals and families in preparing for the future by working with them to accomplish their estate planning goals.  In addition, if a Successor Trustee(s) would like professional assistance if incapacity occurs, contact this office for help with necessary arrangements.

SPENCER EVANS
ATTORNEY AT LAW, PLC
PLANNING FOR SUCCESSION SM
(623) 505-0565
se@spencerevans.com