Arizona

Trust & Title

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Simplifying estate planning documents for Arizona families.

Our services include Will Preparation, Amendments, Power of Attorney, Beneficiary Deeds, LLC Formation, and more.

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Amendments Power of Attorney Documents Will Preparation Beneficiary Deeds

Affordable Document Solutions

Your last will and testament constitute just one element of a comprehensive estate plan. In the absence of a will, a person is considered to have died “intestate,” and state laws dictate the distribution of the person’s assets.

Trusts
Revocable Living Trusts, Irrevocable Trusts, Testamentary Trusts, Special Needs Trusts, Etc. Trusts come in various forms, serving diverse legal, personal, investment, and tax planning purposes, with simplicity or complexity depending on the situation.

Powers of Attorney
A power of attorney is a legal instrument that grants another person specific legal rights or powers on your behalf. The scope of these powers is determined by the terms outlined in the document, and it can range from broad to highly specific.

Healthcare Documents
Creating your healthcare documents (also known as advance directives) and accompanying documents is crucial for ensuring your medical and personal care preferences are respected when you can’t communicate.

An estate plan allows you to direct how and whom your property will be distributed after your death.

Many new clients initially express a lack of an estate plan, yet most are unaware that they already have one. We will work together to create a well-crafted estate plan that is designed to supersede the terms of the State’s default plan with your personalized choices.
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Last Will & Testament

Your last will and testament constitute just one element of a comprehensive estate plan. In the absence of a will, a person is considered to have died “intestate,” and state laws dictate the distribution of the person’s assets.

Health Care Documents

An advance directive is a document that specifies the type of medical and personal care you would want should you lose the ability to make and communicate your own decisions. Anyone over the age of 18 may execute an advance directive, and this document is legally binding in Arizona.

Powers of Attorney

A power of attorney is a legal document giving another person (the attorney-in-fact) the legal right (powers) to do certain things for you. What those powers are depends on the terms of the document. A power of attorney may be very broad or very limited and specific. All powers of attorney terminate upon the death of the maker, and may terminate when the maker (principal) becomes incapacitated (unable to make or communicate decisions).

Amendments
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Amend Your Documents

Life is full of changes, and your estate planning documents should reflect those changes. Our amendment services allow you to update your existing legal documents, ensuring they align with your current wishes and circumstances.

Why Amend Your Trust or Will in Arizona

Amending your trust or will is essential when significant life events occur. Keeping your estate plan up-to-date helps avoid future conflicts and ensures your assets are distributed according to your current intentions.

  • Family Changes: Marriage, divorce, birth of a child, or death of a loved one.
  • Asset Changes: Buying or selling property, acquiring significant assets, or changes in financial status.
  • Beneficiary Updates: Changing or adding beneficiaries, including charitable organizations.
  • Business Interests: Changes in business ownership or succession planning.
  • Legal Changes: Updates in Arizona state laws that may affect your estate plan.

Our Amendment Services

At Arizona Trust & Title, we offer comprehensive amendment services to keep your estate planning documents current and legally sound.

Trust Amendments

Modify specific provisions in your revocable living trust, such as changing trustees, updating asset allocations, or altering distribution terms.

Trust Restatements

Completely rewrite your trust document while retaining its original date, allowing for significant changes without starting from scratch.

Will Codicils

Add codicils to your will to make minor changes or additions, ensuring your will remains up-to-date with your current wishes.

Power of Attorney Updates

Change your designated agents or adjust their authority in your power of attorney documents.

Commonly Asked Amendment Questions.

How often should I review my estate planning documents?

It’s recommended to review your estate plan every 3-5 years or whenever a significant life event occurs.

What’s the difference between a trust amendment and a restatement?

A trust amendment makes changes to specific parts of your trust, while a restatement replaces the entire trust document but keeps the original trust in effect, including its original date and trust name.

Do I need to notify beneficiaries of amendments?

Generally, you are not required to notify beneficiaries of amendments, but it’s often beneficial to keep them informed to prevent future disputes.

Can I amend an irrevocable trust?

Amending an irrevocable trust is more complex and may require court approval or consent from all beneficiaries. Consult with our experts to explore your options.

Are amendments valid without an attorney?

While you can draft amendments yourself, improper wording or failure to comply with legal formalities can render them invalid. Professional assistance ensures your amendments are legally sound.

Power Of Attorney Documents
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Creating a Power of Attorney with Arizona Trust & Title is Easy

Secure your future by designating trusted individuals to make important decisions on your behalf. At Arizona Trust & Title, we simplify the process of setting up a Power of Attorney, ensuring your preferences are respected when you need it most.

Why Establish a Power of Attorney in Arizona

Creating a Power of Attorney is crucial for ensuring your affairs are managed according to your wishes in the event of incapacity or unavailability. It provides peace of mind knowing that trusted individuals can act on your behalf.

  • Financial Security: Ensure your finances are managed by someone you trust.
  • Healthcare Decisions: Appoint a representative to make medical decisions on your behalf.
  • Avoid Legal Complications: Prevent court-appointed guardianship by pre-selecting your agents.
  • Unplanned Absences: Ensure your affairs are handled during travel or deployment.
  • Family Peace: Reduce potential conflicts by clearly defining your representatives.

Our Power of Attorney Services

At Arizona Trust & Title, we offer comprehensive Power of Attorney services to safeguard your financial and personal interests.

Durable Financial Power of Attorney

Authorize a trusted individual to manage your financial affairs if you’re unable to do so.

Medical Power of Attorney

Appoint someone to make healthcare decisions on your behalf when you cannot communicate your wishes.

Special or Limited Power of Attorney

Grant specific powers for a limited time or particular transactions.

Springing Power of Attorney

Establish a power that becomes effective upon a specified event or condition.

Commonly Asked Power of Attorney Questions.

What is a Power of Attorney?

A Power of Attorney is a legal document that allows you (the principal) to appoint someone else (the agent or attorney-in-fact) to manage your affairs if you are unable to do so.

What types of Power of Attorney are available in Arizona?

In Arizona, common types include Durable Financial Power of Attorney, Medical Power of Attorney, Special or Limited Power of Attorney, and Springing Power of Attorney.

When does a Power of Attorney become effective?

A Power of Attorney can become effective immediately upon signing or upon a specified event (springing), such as incapacitation.

Can I revoke a Power of Attorney?

Yes, as long as you are mentally competent, you can revoke a Power of Attorney at any time by notifying your agent in writing and retrieving all copies of the document.

Does a Power of Attorney expire?

Unless specified otherwise, a Power of Attorney remains in effect until your death or incapacitation. A Durable Power of Attorney remains effective even after incapacitation.

Do I need a lawyer to create a Power of Attorney?

While it’s possible to create one yourself, having a professional assist you ensures the document meets all legal requirements and accurately reflects your wishes.

Who should I choose as my agent?

You should choose someone you trust completely, as they will have significant control over your affairs. This could be a family member, close friend, or trusted advisor.

What is the difference between a Medical and Financial Power of Attorney?

A Medical Power of Attorney allows your agent to make healthcare decisions on your behalf, while a Financial Power of Attorney grants them authority over your financial matters.

deeds
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Understanding Beneficiary Deeds in Arizona

Secure the future of your real estate assets with Beneficiary Deeds. At Arizona Trust & Title, we make it simple to transfer property to your loved ones without the need for probate.

Why Choose a Beneficiary Deed?

A Beneficiary Deed allows for a seamless transfer of real estate to your beneficiaries upon your death, bypassing the probate process. It’s an efficient and cost-effective estate planning tool unique to Arizona.

  • Avoid Probate: Transfer property directly to beneficiaries without court intervention.
  • Cost-Effective: Reduce legal fees and expenses associated with probate.
  • Maintain Control: Retain full ownership and control of your property during your lifetime.
  • Flexibility: Easily change or revoke the deed at any time.
  • Privacy: Keep your estate matters private by avoiding public probate records.

Our Deed Services

At Arizona Trust & Title, we offer a range of deed services to help you with your estate planning needs.

Beneficiary Deeds

Set up a deed that transfers your real estate directly to your beneficiaries upon your death, avoiding probate.

Quitclaim Deeds

Quickly transfer ownership interest in a property without warranties, often used between family members.

Warranty Deeds

Provide a guarantee to the buyer that the seller holds clear title to a property and has the right to sell it.

Life Estate Deeds

Create a deed that allows you to retain use of the property during your lifetime, passing ownership upon death.

Commonly Asked Deed Questions.

What is a Beneficiary Deed?

A Beneficiary Deed is a legal document that allows property owners in Arizona to transfer real estate directly to designated beneficiaries upon their death, bypassing probate.

How does a Beneficiary Deed differ from a traditional deed?

Unlike traditional deeds, a Beneficiary Deed doesn’t transfer ownership immediately. It only becomes effective upon the death of the property owner, allowing them to retain full control during their lifetime.

Can I revoke or change a Beneficiary Deed?

Yes, you can revoke or modify a Beneficiary Deed at any time during your lifetime by recording a revocation or a new Beneficiary Deed with the county recorder’s office.

Do Beneficiary Deeds avoid probate?

Yes, Beneficiary Deeds allow property to transfer directly to the named beneficiaries without going through probate, saving time and expenses.

Are there tax implications with Beneficiary Deeds?

Generally, Beneficiary Deeds allow for a step-up in basis at the time of the owner’s death, which can minimize capital gains taxes for the beneficiaries. Consult a tax professional for specific advice.

Can I name multiple beneficiaries on a Beneficiary Deed?

Yes, you can name multiple beneficiaries. It’s important to specify how the property will be divided among them, such as in equal shares.

What happens if a beneficiary predeceases me?

If a beneficiary dies before you, their share may pass to their heirs or be divided among the remaining beneficiaries, depending on how the deed is structured. It’s advisable to regularly update your deed.

Do I need an attorney to create a Beneficiary Deed?

While not legally required, having a professional assist you ensures the deed is correctly drafted and recorded, complying with Arizona laws.

Is a Beneficiary Deed the same as a Transfer on Death Deed?

Yes, in Arizona, a Beneficiary Deed functions similarly to what other states call a Transfer on Death (TOD) Deed, allowing property to pass to beneficiaries without probate.

Can a Beneficiary Deed be contested?

While less common, a Beneficiary Deed can be contested on grounds such as undue influence or lack of capacity. Proper drafting and execution reduce this risk.

Will Preparation
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Secure Your Legacy with a Will 


Planning for the future is essential. At Arizona Trust & Title, we make creating your will a straightforward and personalized experience, ensuring your assets are distributed according to your wishes.

Why Prepare a Will in Arizona?


A will is a crucial legal document that outlines how your assets should be handled after your death. Without a valid will, Arizona state laws will determine the distribution of your estate, which may not align with your wishes.

  • Ensure Your Wishes:
    Specify how your assets are distributed among your beneficiaries.
  • Appoint Guardians:
    Choose guardians for your minor children to ensure their care.
  • Minimize Conflicts:
    Reduce family disputes by clearly outlining your intentions.
  • Estate Tax Planning:
    Implement strategies to minimize taxes and preserve your estate.
  • Support Charities:
    Include bequests to organizations you care about.

Our Will Preparation Services

At Arizona Trust & Title, we offer comprehensive will preparation services tailored to your unique needs.

Simple Wills

Create a straightforward will to specify asset distribution and appoint executors.

Testamentary Trusts

Include provisions to establish trusts upon your death for minors or special needs beneficiaries.

Living Wills

Outline your healthcare preferences and end-of-life decisions to guide your loved ones.

Will Amendments and Codicils

Make changes to your existing will to reflect life events or new intentions.

Commonly Asked Will Questions.

What is a will?

A will is a legal document that outlines how you want your assets distributed after your death and can include other wishes like guardianship of minor children.

What happens if I die without a will in Arizona?

If you die intestate (without a will) in Arizona, your assets will be distributed according to state intestacy laws, which may not reflect your personal wishes.

Can I write my own will?

While you can write your own will, it’s advisable to seek professional assistance to ensure it meets all legal requirements and accurately reflects your intentions.

Do I need to update my will?

Yes, you should review and update your will periodically, especially after major life events like marriage, divorce, birth of a child, or significant changes in assets.

What is the difference between a living will and a last will and testament?

A last will and testament outlines asset distribution after death, while a living will specifies your healthcare preferences in case you become incapacitated.

Who should be my executor?

Your executor should be someone you trust to carry out your wishes, manage your estate responsibly, and navigate the probate process.

Is a handwritten will valid in Arizona?

Yes, Arizona recognizes holographic (handwritten) wills if they meet certain criteria, but they may be more susceptible to challenges. Professional drafting is recommended.

How does probate work in Arizona?

Probate is the legal process of administering a deceased person’s estate. A valid will can simplify probate, making it quicker and less costly.

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