Phoenix Estate Planning Attorney - Protect Your Legacy
Planning for the future is one of the most important gifts you can give to your loved ones. At Sullivan’s Shick, we understand that thinking about what happens after you are gone can be uncomfortable. However, having a solid plan in place ensures your wishes are honored and your family is protected from unnecessary stress, legal fees, and confusion.
Whether you need a simple will, a comprehensive living trust, or help navigating the probate process in Maricopa County, our experienced legal team is here to guide you. We help individuals and families in Phoenix, Arizona create clear, legally binding strategies to secure their assets and provide peace of mind.
What is Estate Planning?
Estate planning is the process of arranging how your assets will be managed and distributed after your death or if you become unable to make decisions for yourself. It is not just for the wealthy. If you own a home, a car, a bank account, or have minor children, you have an estate.
Without a plan, the state of Arizona determines who gets your property and who raises your children. By working with a Phoenix estate planning lawyer, you take control of these decisions rather than leaving them to a judge who does not know your family dynamics.
Benefits of Professional Estate Planning
Creating a professional plan offers several key benefits:
- Control: You decide exactly who receives your assets and when.
- Protection for Children: You can name a guardian for your minor children so they are raised by someone you trust.
- Privacy: Proper planning can keep your financial affairs out of the public record.
- Incapacity Planning: You can appoint trusted people to make healthcare and financial decisions if you fall ill.
- Asset Protection: Strategies to protect your wealth from creditors or potential lawsuits.
Common Estate Planning Tools
A complete estate plan is made up of several legal documents that work together. We customize these documents to fit your specific life situation.
Wills Explained
A Last Will and Testament is a foundational legal document. It allows you to name an executor—the person in charge of wrapping up your affairs—and specify who your beneficiaries are. In your will, you can also name guardians for minor children.
It is important to know that a will typically must go through the court process known as probate. For this reason, many Phoenix residents use a will in combination with a trust. We often create a “pour-over will,” which acts as a safety net to catch any assets you forgot to move into your trust.
Living Trusts in Arizona
A living trust is a powerful tool for avoiding probate. Unlike a will, a trust becomes effective immediately. You transfer ownership of your assets (like your house and accounts) into the trust.
- Revocable Trust: This is the most common type. You keep full control over your assets while you are alive. You can change or cancel the trust at any time.
- Irrevocable Trust: Once created, this generally cannot be changed. These are often used for advanced asset protection or tax planning purposes.
Trusts allow for a smoother transition of wealth. Your successor trustee can step in and manage assets immediately upon your death or incapacity without court intervention.
Powers of Attorney
Estate planning isn’t just about death; it is also about protecting you while you are alive. We help you prepare:
- Durable Power of Attorney: This lets you name a trusted person to handle your finances if you cannot do so yourself.
- Healthcare Directive (Living Will): An advance healthcare directive outlines your wishes regarding medical treatment and life support.
- Medical Power of Attorney: This designates someone to make medical decisions on your behalf if you are incapacitated.
The Probate Process in Phoenix
Probate is the court-supervised legal process of validating a will, paying off debts, and distributing assets to heirs. In Arizona, probate takes place in the Superior Court. In Phoenix, this is handled through the Maricopa County courts.
Probate can be time-consuming, public, and expensive. Legal fees and court costs come out of the estate, reducing what your family inherits. While we are fully equipped to represent executors during probate, our goal is often to help you structure your estate to avoid this process entirely.
How to Avoid Probate
Many clients ask us how to keep their family out of court. The most effective ways to avoid probate in Arizona include:
- Creating and funding a Revocable Living Trust.
- Using “Pay on Death” or “Transfer on Death” designations on bank accounts and real estate deeds.
- Holding property in Joint Tenancy with Right of Survivorship.
- Naming beneficiaries on life insurance and retirement accounts.
Sullivan Shick
Who Needs Estate Planning in Phoenix?
Life changes quickly. Whether you are just starting out or enjoying retirement, having a plan is essential.
Planning for Families, Seniors, and Business Owners
Different stages of life require different strategies:
- Young Families: Your priority is naming guardians for your children and ensuring they have financial support through a trust if something happens to you.
- Blended Families: If you have step-children or a second spouse, standard laws may not distribute your assets the way you intend. Specific planning ensures everyone is treated fairly.
- Seniors: As you age, long-term care planning becomes critical. We help with Medicaid planning (ALTCS in Arizona) to help cover nursing home costs without depleting your life savings.
- Parents of Children with Disabilities: A Special Needs Trust allows you to leave money to a disabled loved one without disqualifying them from essential government benefits.
- Business Owners: You need a succession plan to ensure your business can survive or be sold profitably after you are gone.
Why Choose a Local Phoenix Attorney
While DIY forms are available online, they often fail to account for specific Arizona laws. A generic form might not stand up in Maricopa County court, leading to the very confusion you tried to avoid.
At Sullivan’s Shick, we are local experts. We understand the nuances of Arizona law regarding community property, digital assets, and probate rules. We take the time to listen to your story and craft a custom plan that reflects your values and goals.
Estate Planning FAQs
A will goes into effect only after you die and requires the probate court to validate it. A living trust is effective immediately, allows you to manage assets while alive, and allows your family to avoid probate court after your death.
The cost varies depending on the complexity of your estate. A simple will package is less expensive than a comprehensive trust plan involving business assets or special needs planning. We provide transparent pricing during your consultation.
For most clients, the process takes a few weeks from the initial consultation to the signing of documents. We work efficiently to get your protections in place as soon as possible.
While you are not legally required to use a lawyer, doing so ensures the document is valid under Arizona law. Small mistakes in wording or witnessing can render a DIY will invalid, causing major issues for your family later.
If you die "intestate" (without a will), Arizona state law dictates who gets your assets. This usually means your spouse and children inherit in a specific order. If you have a partner you aren't married to, they may inherit nothing.
The best way to avoid probate is to place your assets into a living trust. Additionally, ensuring all beneficiary designations are up to date on your financial accounts helps those assets bypass the court system.
Yes. A power of attorney gives someone legal authority to act for you. Without one, if you become incapacitated, your family might have to go to court to get "guardianship" or "conservatorship" over you to pay your bills or make medical decisions.
Technically yes, but it is risky. Estate planning involves complex laws regarding taxes, property, and family rights. A lawyer ensures your plan actually works when it is needed most.
Planning for long-term care involves reviewing your assets and income to prepare for potential nursing home costs. This often involves setting up specific trusts or restructuring assets to qualify for Arizona Long Term Care System (ALTCS) benefits.
Common mistakes include failing to fund a trust (not moving assets into it), forgetting to update beneficiary designations, not naming a guardian for minors, and waiting too long to start planning.
Secure Your Future Today
Don’t leave your family’s future to chance or the courts. At Sullivan’s Hick, we make the estate planning process simple, approachable, and thorough. Whether you need to draft your first will or update an existing trust, our Phoenix estate planning lawyers are ready to help.
Contact us today to schedule your consultation and take the first step toward protecting your legacy.
CONTACT US
(480) 284-2644
(623) 915-0944