Arizona Estate Plan Contents

Arizona Estate Plan Contents2020-03-29T10:46:52-07:00

by Richard Keyt and Richard C. Keyt, Arizona estate planning attorneys

Your Most Valuable AssetWe want to prepare your Will so you pick who inherits your property after your death, not the State of Arizona.  If you don’t have a Will your state of residence has its plan for who will inherit your property and its may be different from who you want to inherit your property.  To learn more about this important topic read our article called “Who Inherits Assets of an Arizona Resident Who Dies without a Will?”  The custom estate plan we will prepare for you insures that your estate will go to the loved ones that you select rather than to family members you might otherwise disinherit.

Our Three Estate Planning Packages

We don’t have a one size fits all estate plan.  We have three plans that give people the option to pick an estate plan that works best for them.  Our estate plans are:

1. the Peace of Mind bundle ($497).  To purchase this bundle complete our Peace of Mind questionnaire.

2. the Gold Estate Plan bundle ($997 for a single person or $1,247 for a couple).  To purchase the Gold Estate Plan bundle complete our Gold Estate Plan questionnaire.

3. the Platinum Estate Plan bundle includes a revocable living trust ($2,997 for a single person and $3,497 for a couple).  People who bought a Gold LLC from us get a $500 discount.  To purchase the Platinum Estate Plan bundle complete our Platinum Estate Plan questionnaire.

Sign All Documents in Your Home

In light of the coronavirus pandemic you don’t have to come to our office to sign your documents.  We will deliver the documents to you with signing instructions so you can sign in your home.  We also give you signing instructions.

Peace of Mind Bundle Signing Procedure

If you purchase our Peace of Mind bundle you have two options: (i) we email the documents to you as pdf files attached to the email, or (ii) we mail hard copies of the documents to you.  You will be able to sign the documents in your home without the need for us to be present.

Gold & Platinum Package Signing Procedure

We mail to you a portfolio that contains all your estate plan documents organized behind tabs.  Every place somebody needs to sign will be marked with a “Sign Here” sticky.  The portfolio also contains signing instructions.

Contents of Our Peace of Mind Estate Plan Bundle ($497)

1.  Unlimited phone calls with Arizona estate planning attorneys Richard C. Keyt (480-664-7472 or rck@keytlaw.com) or his father Richard Keyt (480-664-7478 or rk@keytlaw.com) to answer questions about your estate planning documents and make any desired changes before you sign your estate plan documents.

2.  Healthcare Power of Attorney:  Everybody needs this document because it names the people you authorize to make decisions about your medical care if you cannot.  If you need medical treatment, but are incapacitated and cannot communicate with the doctor, who will decide on your treatment?  If the doctor wants to know should he or she perform the risky surgery and one family member says yes and another says no the doctor may require the family to go to court and spend thousands of dollars and waste precious time to get a court order that says operate or do not operate.  This was a constant problem experienced by Terry Schaivo’s family.  This key estate plan document can save your family from fighting over your healthcare and thousands of dollars in attorneys fees and court costs.  If you have a Healthcare Power of Attorney your doctor will follow the instructions of the person you name first in the document, but if that person is not available the doctor will go to the second person you name in the Healthcare Power of Attorney.

3.  Living Will:  This important document is your instructions to doctors and hospitals that if you are brain dead and in a terminal condition they are to pull the plug.  Terry Schaivo’s family suffered at the end of Terry’s life because Terry’s ex-husband wanted the doctors to turn off the machines that were keeping Terry alive years after the accident that injured her brain.  Terry’s parents did not want the doctors to terminate life support.

Terry Schaivo is a perfect example of why everybody needs a Healthcare Power of Attorney and a Living Will.  Terry did not have either document and her family paid the price emotionally and with money that could have been better spent on something other than lawyers.  Wikipedia says “In all, the Schiavo case involved 14 appeals and numerous motions, petitions, and hearings in the Florida courts; five suits in federal district court; Florida legislation struck down by the Supreme Court of Florida; a subpoena by a congressional committee to qualify Schiavo for witness protection; federal legislation (the Palm Sunday Compromise); and four denials of certiorari from the Supreme Court of the United States.”  Do your family a big favor and adopt both of these important estate plan documents so nobody has to burn money going to court to get an order dealing with your medical care or authoring the doctors to pull the plug.

4.  HIPAA Authorization: A federal law called HIPAA prevents doctors and hospitals from giving patient information to unauthorized people.  The HIPAA Authorization is a document that authorizes your healthcare providers to give information about your health and medical condition and treatment to the people you name as your healthcare decision makers in your Healthcare Power of Attorney.

5. Financial Power of Attorney:  If you are in a coma, incapacitated or suffer mental impairment who will manage your financial affairs? Your Financial Power of Attorney authorizes one or more people you select to handle your financial affairs if you were to become incapacitated.  If you have not signed a Financial Power of Attorney your family will have to spend thousands of dollars to get a court order that appoints somebody as your conservator who will have the legal right and power to act on your behalf with respect to your financial affairs.  If you become incapacitated without this document nobody will be able to write checks on your bank account and pay your mortgage or bills without spending thousands of dollars to hire a lawyer to get a court order appointing a conservator.

Contents of Our Gold Estate Plan ($997 Single & $1,247 Couple)

When we prepare a Gold estate plan for Arizona residents we provide all of the services and documents listed above in the Peace of Mind bundle and the following services and documents:

6. Initial no obligation free phone conference conference with Arizona estate planning attorney Richard C. Keyt or his father Richard Keyt to answer your questions about Wills, Trusts and estate planning and design an estate plan customized to accomplish your specific goals.

7.  Last Will and Testament: This is the document in which you name the people or charities that will inherit your assets after your death.  Without a Will or a Trust, the laws of your state of residency at the time of your death rather than you will determine who inherits your property.  You need a Will so you can be sure your assets go to your desired heirs, not the your heirs selected by your state of residency.  If you have minor children then you also need a Will because you name one or more people in the Will who you want to be the guardian(s) of your minor children if something happens to you.

8.  Beneficiary Deed:  This is a special deed that transfers your home to your loved ones your death (if you are single) or on the death of the second spouse (if you are married couples).  This deed avoids probate.

9. Personal Property Memorandum:  This is a document that is incorporated in your Will that contains your asset distribution plan.  The Personal Property Memorandum allows you to make gifts of certain tangible personal property without modifying your Will or seeing an attorney.  For example, your Will might say that if you die you give everything to your spouse or children, but you could alter that plan by completing and signing a Personal Property Memorandum.  You could complete, date and sign the PPM and indicate in the document that when you die you want to give your watch to your sibling and your piano to your friend.  Gifts made in the PPM take precedence over your asset distribution plan in your Will.  We give you this document in Adobe pdf format so you can revise the PPM whenever you want to change your gift plan.

10. Estate Planning Portfolio:  We give you a high quality portfolio that contains all of your estate plan documents organized behind tabs.

Contents of Our Platinum Estate Plan ($2,997 Single & $3,497 Couple)

If you purchased our Gold LLC package you get a $500 discount off the price of a Platinum estate plan.

When we prepare a Platinum estate plan for Arizona residents we provide all of the services and documents listed above in the Peace of Mind bundle and the Gold package and the following services and documents:

11.  Revocable Living Trust:  This is the foundation of your estate plan.  It allows assets owned by the trust to avoid probate and contains your plan for who inherits your property and when they get it after your death.  See the discussion of RLT’s that follows this list.  This trust can provide life-time asset protection for your spouse and loved ones so that their inheritance cannot be touched by their creditors or by an ex-spouse if a child gets divorced or by a bankruptcy court if a surviving spouse or a child files for bankruptcy.

The heart of you estate plan is the revocable Living Trust (RLT). We believe that almost everyone with substantial assets should have an RLT.  The primary reasons people create an RLT are:

a.  To provide for the management of their property if they become incapacitated.

b.  To avoid the delays, costs and lack of confidentiality of a probate that is necessary when assets remain titled in the name of the deceased.  To learn more about Arizona probate law read the article written by Arizona probate attorneys Richard Keyt and his son Richard C. Keyt called “What is an Arizona Probate & When Is It Required?

c.  To keep their financial affairs confidential (probate court documents are open to the public).

d.  To provide for the disposition of their assets after death to their family and loved ones either: (i) outright, (ii) over a period of time or (iii) for the life of one or more beneficiaries. The latter choice is best for maximum asset protection for the beneficiary.

e.  To protect the inherited assets from the heir’s creditors, ex-spouses and predators.  A life-time beneficiary controlled asset protection trust is the best asset protection device a parent can create for children and grandchildren or that any person can create for loved ones. For example, if the Trust is properly drafted and assets are held in Trust and not distributed unnecessarily to a beneficiary, the beneficiary’s creditors (including a bankruptcy court) and predators (ex-spouses, con-men and con-women) can never get the assets. If you have children or loved ones that you want to protect and if they may inherit a lot of money or property, asset protection may be the most important reason to create an RLT.

12. Certification of Trust:  This is a document that you give to any third party that asks for a copy of your trust.  Instead of giving the bank, title insurance company, lender or other party a copy of your confidential trust agreement you will give them the Certification of Trust and they will be happy.

13. Asset List:  The purpose of this very important document is to notify the trustee(s) of your trust of the nature and location of all of your valuable assets.  Ask yourself this question:  “If I were to die or if me and my wife were to die suddenly would my loved ones know what I or we own and where to find it.

14. Assignment of Personal Property: This document assigns to your trust all of your personal property such as jewelry, art, equipment, furniture,  clothing, guns and musical instruments.  It does not assign personal property that has a title such as a motor vehicle or a boat.

15.  Post Mortem Wishes:  This is a 12 page document that you can use to plan your funeral or memorial  service and tell your family how you want to be remembered.

16. A 5 Year Docubank Membership:  We purchase for you a five year membership with Docubank.

17.  List of Important Documents:  Use this document to tell your family about the existence and location of your important documents, including life insurance information.

18.  Pet Emergency Care Giver Notification card:  Carry this card in your wallet or purse to inform people that you have a pet and the name and phone number of your emergency pet care giver.

19. A Thumb Drive Containing PDF Copies of All Signed Documents.  If you return your portfolio with the signed documents to us we will scan all the documents and make pdf copies.  We will then return your portfolio to you and give you digital pdf copies of all your estate planning documents on a thumb drive so you can give copies of documents to your loved ones.

No Charge for Changes Within First Three Months

We do not charge any legal fees for any changes you want to make to your estate planning documents, including a trust, within the first three months after we deliver the documents to you. We give you a lot of paper, but we want you to be able to review everything you sign at your leisure so you can be sure everything is correct. If, within the first three months after we deliver the documents, you want to change any document we prepared, let us know and we will revise the documents as necessary at no additional cost to you.

Stop Procrastinating – Protect Your Family Before It is Too Late

If you have procrastinated up to now and do not have an estate plan and if you do not take the next step right now to make an appointment with Richard C. Keyt or Richard Keyt to design your estate plan, the sad reality is that you will most likely continue to procrastinate for many years to come and probably will die without protecting your family. That’s ok if you want the State of Arizona to decide who inherits your property and if you don’t care about the problems and expense your family may suffer if you die without an estate plan in place.

Isn’t your family your most valuable asset? Don’t you want your family to have the protection that a good estate plan can provide? If the cost is preventing you from making an appointment, compare the cost of an estate plan against money you have spent on things for yourself such as a flat screen TV, furniture, swimming pool, computer system, hi-fi system, car or SUV, boat, country club membership, jewelry, art and other “toys” or expensive items. Don’t spend more on “stuff” than you do to protect your family if something happens to you.

How to Buy Our Peace of Mind Bundle or a Gold or Platinum Estate Plan

If like most people you have questions about our Peace of Mind documents, Wills, Trusts or estate planning call Arizona estate planning attorney and former CPA Richard C. Keyt at 480-664-7472 or email him at rck@keytlaw.com.

1. If you want to buy our Peace of Mind Bundle ($497) complete our Peace of Mind questionnaire.

2. To buy our Gold Estate Plan ($1,247 for a single person or $1,497 for a couple) complete our Gold Estate Plan questionnaire.

3. To buy our Platinum Estate Plan that includes a revocable living trust ($2,997 for a single person and $3,497 for a couple) complete our Platinum Estate Plan questionnaire.  People who bought a Gold LLC from us get a $500 discount.

1. Make a free appointment with Richard Keyt for a 60 - 90 minute phone call by using our online scheduling calendar or by calling our estate planning legal assistant Michelle Watkins at 480-664-7413.

2. Complete our Estate Plan Questionnaire and bring it to our meeting.  The Questionnaire gives us information we need for our meeting.  You may have questions about the questions in the Questionnaire.  We will answer your questions during our meeting.  If you don't have time to complete the Questionnaire that's ok.  We can go over the Questionnaire during our meeting.

3. Sign up for free instant access to the Keyt’s ebook about wills, trusts and estate planning called “Family Asset Protection.”

4. Review our fees and all the documents that are included in your estate plan.

If you have any questions about Arizona estate planning, the process, fees or anything else, call Richard C. Keyt at 480-664-7472 or his father Richard Keyt at 480-664-7478.  There is no charge for inquiries about estate planning or estate planning documents.