We spend quite a bit of time counseling our trust clients on the importance of “funding” their trusts. Funding is the process of retitling assets into the name of the trust or coordinating pay on death accounts. Funding is particularly important for clients who own out-of-state real estate. Sometimes our clients simply forget that they […]
At Silverman Law Offices we believe that estate planning is about more than avoiding taxes and probate. Yes, there are the documents that need to be created: powers of attorney, trusts and wills. More than that, we create customized plans—we do not use “cookie cutter” documents from a template—we prefer to meet your individual needs.
Here you can find our individualized advice on situations in which our clients have found themselves. Here you can find our discussions on state taxes, powers of attorney, life care planning, and even more pleasurable topics like how to title a vacation home.
Many of our clients choose a living trust-based estate plan in order to avoid probate. Probate is avoided when assets are titled in the name of a living trust, and not in the trust maker’s names personally. The trust is administered privately by the successor trustees. Once a living trust is created, we go through […]
Recently, there have been a number of changes in the estate tax laws that benefit married couples. At Silverman Law Offices, we want to make sure that you are able to take advantage of them. With proper planning and guidance, we can help you keep your estate in the hands of the ones it is […]
Estate Planning: Our courts have held that there must be probable cause to bring a challenge in order to avoid a “no contest” penalty. (more…)
Question: My former husband, Mel, recently passed away. He and I have two sons together, one of whom is a drug addict. Mel created a last-minute revocable trust and a document that is called a will, but it does not leave assets to anybody. It just appoints me as the personal representative of his estate. […]
Occasionally we have people contact our office simply looking for assistance with health care directives. Health care directives are used to appoint an agent to make health care decisions for you if you can no longer make them yourself, and for making your wishes known regarding end of life decisions. The office of the Arizona […]
Understanding Business Assets and Probate Question: My father recently passed away. His only asset of any value was his small manufacturing business Corporation. Is his business subject to probate? Answer: To answer your question I need to briefly answer a question that I am often asked, “What is probate”? Probate is the legal process used to […]
I am often asked by family members of an elderly or ill patient when a healthcare power of attorney Arizona becomes effective, when is it time to exercise the power and what types of decisions should I be making on behalf of my relative? These essential questions are crucial to the discussion of important decisions […]
I recently received the following question from a reader of my Arizona Republic newspaper column: My mother recently passed away. She wrote a will, but to avoid probate she left her residence to my three siblings and me by a beneficiary deed, put her bank accounts into my name, and left a list for the distribution […]
Estate planning, and the need to update existing plans, is critically important, particularly after a divorce. Once the dust settles and a settlement is reached (or, in rare cases, a court orders division of assets), former spouses must look at estate planning in the context of their new single status. Items to consider when updating […]