Estate Planning

​Estate planning is the process of anticipating and arranging for the management and disposal of your estate during your life and after death. It involves organizing your assets, minimizing taxes, and ensuring your family is protected. At Copper State Planning, we focus on crafting comprehensive plans that preserve family harmony and ensure your legacy endures.

​Creating an estate plan involves evaluating your assets, determining your beneficiaries, and selecting the right legal tools to protect them. The process typically starts with consulting a qualified attorney to discuss your goals and family dynamics. We then draft custom legal documents, such as wills and trusts, to ensure your wishes are legally binding and clearly articulated.

​A will is a legal document that takes effect only after death and typically requires court oversight through probate to distribute assets. A trust, specifically a Revocable Living Trust, takes effect immediately, allowing you to manage assets during your lifetime and pass them to heirs privately and often without probate. Trusts generally offer more control, privacy, and protection against incapacity than wills alone.

​The estate planning process at Copper State Planning generally follows four key steps: Consultation, Design, Review, and Action. First, we get to know you and your goals; second, we design a strategy using specific legal mechanisms; third, we review and sign the documents; and finally, we help coordinate your assets (funding) to ensure the plan works as intended.

​You can avoid probate in Arizona by removing assets from your individual name so they are not part of your “probate estate” at death. Common methods include establishing a Revocable Living Trust, using Beneficiary Deeds for real estate, holding property with rights of survivorship, and assigning Payable-on-Death (POD) or Transfer-on-Death (TOD) designations to bank and investment accounts. A comprehensive plan often uses a combination of these tools.

​Revocable Living Trusts offer significant benefits, including probate avoidance, which saves your family time and court fees. They also provide privacy since trust documents are not public records, offer protection if you become incapacitated by allowing a successor trustee to manage your affairs, and give you continued control over your assets while you are alive.

​When hiring an attorney, ask about their specific experience with Arizona estate laws and if they focus exclusively on estate planning. You should also ask how they charge (flat fee vs. hourly), how they handle funding assets into a trust, and what their process is for future updates to your plan. It is important to ensure their philosophy aligns with your goal of preserving a lasting legacy.

​Choose an executor or trustee who is trustworthy, organized, and capable of handling financial matters under pressure. This person will be responsible for settling your debts and distributing assets, so they should be impartial and communicative. Many clients choose a responsible adult child or a professional fiduciary if family dynamics are complex.

​A comprehensive estate plan typically includes a Last Will and Testament, a Revocable Living Trust, and a Durable Financial Power of Attorney. Additionally, it requires medical documents such as a Healthcare Power of Attorney and a Living Will (Advance Directive) to handle healthcare decisions if you are unable to do so yourself.

​Yes, a basic checklist includes: 1) Inventory your assets and debts; 2) Choose your beneficiaries; 3) Select your decision-makers (executor, trustee, agents); 4) Meet with an attorney to draft documents; 5) Sign documents with proper witnesses/notary; and 6) Fund your trust by retitling assets. Reviewing this list ensures no critical asset or wish is overlooked.

​A Beneficiary Deed is a specific Arizona legal tool that allows you to transfer real estate to a beneficiary effective upon your death without going through probate. It is recorded with the county during your lifetime but does not transfer ownership until you pass away. It is often a cost-effective way to protect your primary residence from probate. However, if you are leaving the home to multiple heirs or minor children, a Trust is recommended to prevent co-ownership disputes or the need for a court-appointed conservator.

​Yes, estate planning is not just for the wealthy; it is for anyone who wants to choose who receives their belongings and who makes decisions for them in an emergency. Without a plan, Arizona state laws determine who inherits your property and who acts as your guardian, which may not align with your wishes or family needs.

​If you die without a plan (intestate), your assets are distributed according to Arizona’s intestacy laws, which generally prioritize spouses and children in a strict hierarchy. For blended families, this can lead to massive unintended consequences—such as your assets being split between your current spouse and children from a prior relationship, rather than supporting your spouse. This process is public, court-supervised, and can be lengthy and expensive. It also means you lose the opportunity to name a guardian for minor children.

​A Financial Power of Attorney is a legal document that authorizes someone you trust (your agent) to manage your financial affairs if you are unable to do so. This can include paying bills, managing investments, and handling real estate. It is a critical tool for incapacity planning that avoids the need for a court-appointed conservatorship.

​You should review your estate plan every 3 to 5 years or whenever you experience a major life event. Significant changes such as marriage, divorce, the birth of a child, the death of a beneficiary, or a substantial change in financial status are all triggers to update your documents to ensure they still reflect your intent.