A will is a written document that details a person’s final wishes. In Arizona, a will must be signed by the testator (the person who created the will) in front of two witnesses of sound mind, who must also sign the will. Arizona also recognizes holographic wills, which are handwritten wills written by the testator that do not need to be witnessed. Importantly, Arizona law does not recognize oral, or nuncupative wills.
A trust is a legal relationship between the person who provides the assets for the trust, the trustee, who is the party who holds the legal title to the trust assets, and the beneficiaries, for whom the trust assets are held. Trusts are effective estate planning tools in that they can help establish eligibility for certain government programs, protect assets from creditors, and avoid having your assets go through probate before they are transferred to your beneficiaries.
An advance directive, also often called a “living will,” is a document that details your wishes regarding medical care in the event that you become incapacitated. Despite being referred to as a type of will, they are in fact very different than actual wills in that they take effect during a person’s lifetime. An advance directive should be thoroughly reviewed by a lawyer in order to make sure that it is legally enforceable and adequately reflects your wishes.
Sometimes illness, injury, or other medical conditions result in a person being unable to make important decisions for him or herself. In these cases, using a power of attorney document can ensure that someone close to you that is aware of your wishes can make important decisions on your behalf. Two of the most common kinds of powers of attorney that are often used include those that are related to healthcare and financial decisions. While these documents are relatively easy to create and can be found online, it is still important that people who wish to create a power of attorney talk to an attorney about what should be included in the document and the way in which it is drafted.
People at any stage of life can benefit from implementing a comprehensive estate plan. In order to get started on yours, call a qualified estate planning lawyer today.
Estate Planning Law Firm in Phoenix
CityScape, 1 E Washington St #500,
Phoenix, AZ 85004
Phoenix Estate Planning Lawyer is located on 1013 S Stapley Dr, Mesa, Arizona. From Phoenix Sky Harbor International Airport (PHX), take S 41st to E Sky Harbor Blvd. Next, take AZ-202/AZ-202Loop E, AZ-101 Loop S and US-60 E to S Stapley Dr in Mesa. Take Exit 181 from US-60 E. Use the left 2 lanes to turn left onto S Stapley Dr and our office will be on the right in about 1 mile.
We’re open 9AM – 5PM Monday – Friday and we are closed on Saturday and Sunday.
For additional questions you can call us at (480) 999-2321.
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