Episodes

Planning for emergency hospitalizations is not something people like to think about, and different document types can cause confusion. What is the difference between health care powers of attorney, advance directives and DNR forms? Where should these documents be stored? Should you register you documents with the Arizona Health Care Directive Registry? What is “code status”? How should your medication lists be handled? Have you thought about who will care for your pets? In this podcast, we disc...

What are ILITs and Crummey Trusts? You may have heard of these terms for various trusts before. They can be a bit of a pain to administer for beneficiaries and successor trustees, but they are powerful tools that can help ease tax pains later. In this podcast we explore how ILITs and Crummey Trusts differ from standard revocable trusts and when they might be useful when crafting an estate plan. We do enjoy history, so just a word of historical context. D. Clifford and Ethel E. Crummey created ...

Long Term Care Advice Everyone hopes to never need long term care, and as a result many do not plan for it until it becomes necessary. Fortunately, options exist for both private and government assisted care. In this podcast we discuss some of the benefits and qualifications for government assistance like Medicaid, as well as the positives for sticking with private care.

Veterans benefits can make a large difference for veterans; however, did you know that surviving spouses of veterans may also qualify for benefits? Some people may may not realize that they also qualify for additional benefits, such as aid and attendance. We discuss these benefits and some of the qualifications that a veteran or their spouse will need to meet. In this podcast we are joined by our friend Marsha Goodman, a certified Elder Law Attorney located in Phoenix, Arizona.

Estate planning with minor children can have challenges that many people do not realize. At least in Arizona, minors cannot collect inheritances or open bank accounts… they cannot even direct their parents to do so on their behalf. As a result, leaving an inheritance to minor children outright can be a very costly mistake. In addition, minors cannot serve as your agent in powers of attorney. This is why various mechanisms exist to provide for minor children after death. In this podcast we discus...

The death of a loved one is already a very uncomfortable situation, and the last thing anyone wants to do is deal with a Social Security office right after. Fortunately, you do not have to go to their office. In this podcast we discuss who handles reporting of deaths to Social Security. We also discuss the Social Security benefits that should be expected after a loved one’s death.

Declining to Serve as Trustee (and other roles) It is very easy for people to feel obligated to serve in a fiduciary role if they have been nominated. Roles such as trustee, agent or personal representative require a great deal of responsibility and work. Fulfilling these roles can be confusing, tiring and frustrating. Fortunately, if you have been nominated you do not have to serve. Fiduciary roles are not obligatory, and, in this podcast, we discuss the option of declining to serve as truste...

Thinking about updating your estate plan in 2026? Happy New Year! 2025 brought with it many questions regarding the future of laws pertaining to estate planning. Now that 2026 has rolled around, you and your loved ones may be wondering if it is time to update your estate plans. In this podcast, we discuss updates to laws that will affect estate plans from 2026 onward. We also share some personal anecdotes regarding our own estate planning updates and how often we believe someone should conside...

Clients often wonder about the process of executing their estate planning documents. In this modern era, it seems to many like they ought to be able to sign their documents electronically without an office visit. It is usually not that simple. Different documents have different requirements for what is legally considered a valid signature. A witnessed signature is often a requirement, and some clients ask if their family members can act as witnesses. In this podcast we discuss the importance of...

2026 ABLE Act Updates ABLE Act accounts are a great tool to assist people with disabilities. Unfortunately, many individuals with disabilities became disabled after reaching the age of 26. This meant that this tool was largely inaccessible to individuals who suffered injuries from work, automotive or other accidents in their late twenties or early thirties. Good news! Effective January 1, 2026, ABLE Act accounts can be established for individuals who became disabled before the age of forty-six...

The benefits of a donor advised fund. With tax season on the horizon, many charitably minded people will want to make the most of their charitable deductions. Most tax filers do not itemize their deductions which makes it difficult to get more than the standard deduction. While it is important to confirm any tax strategy with a CPA, a donor advised fund can be a great tool. This is especially true if someone expects to have greater income tax considerations in a specific year. In this podcast,...

Supporting a Grandchild with a Disability Many families will have the experience of raising a child or grandchild with a disability. Fortunately, for grandparents there are a variety of options they can use to support disabled grandchildren. Several options include third party special needs trusts, ABLE act accounts, UTMA accounts and possibly 529 accounts. There are several factors to consider when deciding which of these tools to use. Does the grandparent want to gift during their lifetime, ...

The Pros of Title Insurance. Have you ever inherited property with an issue in the title? This is a fairly common problem as property changes hands through generations. Title insurance can be a boring topic but it could be the solution to this issue. In this podcast we discuss the benefits of cleaning up the title on deeds and why it may be necessary to do so. It may be especially relevant in Arizona, where we practice.

When you have us prepare your estate plan, you might ask us to arrange for an equal or equitable division of the assets among your children. Of course, the issue can come up in a variety of contexts. Maybe you’re disinheriting one child. Or maybe the division in your case is among nieces and nephews — or even among friends. How much of your decision-making is focused on whether your beneficiaries might have hurt feelings, or might disagree among themselves? And what is the difference between a...

Estate Planning for Young People. Should you be concerned about having an estate plan if you are under 40? Most people think they need an estate plan when they are older; however, there are good reasons to consider an estate plan at any age. Estate planning at a young age can prepare you and your loved ones for the unexpected. Even if death is unlikely, it can be good to think about who will assist you if you become incapacitated. With this in mind, what are some of the documents you may need...

Personal Property Planning Before Death. Many of your belongings are precious to you. You worked hard to acquire them. The transition from your property to your heirs should be seamless, but it often isn’t. Your personal belongings may make up only a small portion of your estate. That being said, some of the biggest headaches for your family will often revolve around personal property. Did you create a list of who gets what property? Did you lock up your belongings? Can your loved ones find t...

Finding Purpose Through Charitable Planning. During the estate planning process, people frequently consider how to convey assets to charity when they die. This podcast examines the personal benefits that are sometimes overlooked when people engage in gift-giving during life. People who engage in charitable gifting during life may find benefits that reach far beyond tax deduction. Jessica Field, a spiritual wellness coach, joins us to talk about how making charitable gifts during life can deepe...

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 practice they cause more problems than protections. Anyone tried to get a physician to write a letter recently? Compound that with two letters. And who is your physician, anyway? Is your primary care actually in the hands of a nurse practitione...

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 anything to cut off creditors’ claims? How long does it take? Can the trustee make distributions right away? These are some of the issues we discuss in this week’s podcast episode.

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 you notify Social Security or the various places your loved one did business with? Did your loved one have pets that need care? What about firearms, creditors and real estate? Today we discuss the most important things to do right after a love...

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 difference between having a law firm create an Advance Directive for you versus filling out a form online or at the doctor’s office? We will discuss these questions. Your health care wishes are unique and we believe you should understand how the...

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 what effect will either of those choices have on your own credit rating, income, and taxes? Not the least important question: how will buying a house for one of your heirs affect your estate planning for the others? Will the house be treated as...

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 generally make things easier or fairer — they instead are likely to create additional confusion and disagreement. And with two people in charge, it’s harder to identify who is responsible for which steps. The inclination is common. I love my children...

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 (e.g.: John or Mary Doe). That amounts to the same thing as joint tenancy. Either John or Mary can transfer the title, and either can transfer title after the death of the other. But even if there is only one name on the title, most vehicles can...