The general answer is no. The IRS doesn’t allow much to go untaxed, but most inherited assets are the exception (in Arizona at least). It does not matter whether the beneficiary received real property, stock or cash. Nor whether he or she received the inheritance via a Will or a… Read More
posted on December 27, 2013
What Happens If You Die Without a Will?
This was a column in a local paper that got me thinking that this is actually a very commonly asked question. First, it doesn’t all go the State. It may but this is very unlikely. Basically, the State of Arizona has written a Will for you if you fail to… Read More
posted on December 18, 2013
Introduction to Self Directed IRAs
Self directed IRAs (SDIRA) have been around since the early 1970s. In spite of their history, they haven’t been all the rage until more recently thanks to media attention. The biggest press was on former Republican candidate Mitt Romney’s SDIRA. It shouldn’t be believed that only the most wealthy can… Read More
posted on December 13, 2013
“I thought a trust avoided probate!”
This question usually gets asked by the family after a loved one has died and they are told they have to go through probate. How did this happen? Yes, one of the benefits of a revocable trust is avoiding probate. The explanation everyone has heard is because the assets are… Read More
posted on November 19, 2013
Avoiding Conservatorships
Conservatorships Conservatorship is a court proceeding where an individual is considered by a judge to be unable to manage their own financial affairs so another person or entity is named to handle it for them. There are many reasons why a conservatorship may be needed; disability, dementia, youth, incapacity, and more. The… Read More
posted on November 13, 2013
Advantages vs. Disadvantages of a Revocable Trust
Advantages of a Revocable Living Trust Avoidance of probate. In particular, a revocable living trust can avoid expensive multiple probate proceedings when you own real estate in several different states, as well as the publication of the otherwise private financial details of your estate. Avoidance of conservatorship. A revocable trust can avoid… Read More
posted on November 6, 2013
How Much Does the Government Take When you Die?
This question gets asked a lot. Sometimes it is asked if the Feds or Arizona tax you when you die? Sometimes it is asked if the State gets part of your estate when you die? Mostly it is thought of in terms of probate whether you have a Last Will… Read More
posted on October 29, 2013
Recent Trends Part III
Another trend in living trust and estate planning is less concern about probate and more concern about possible incapacity. The “typical” client 20 years ago was very concerned about ending up in probate after their passing. I am not sure if this came from all the advertised estate planning seminars that used this to scare people into… Read More
posted on October 24, 2013
Trends in Living Trusts Part II
Another trend in Living Trusts, or better said, Estate Planning, are IRA Qualified Trusts. Very often a individual does not want to leave a large IRA to their children or other heirs. The concern is they will cash it in and pay the large tax bill that will surely come when the IRA is… Read More
posted on September 12, 2013
If I have a Will does it means I will avoid Probate?
No, a Will by its very nature implies Probate. Probate is a procedure to administer the estate of a decedent. Even if you do not have a Will, your estate will be administered according to the laws of your home state. This procedure for estates that do not have a… Read More
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