Best Law Firms

Phoenix Metro Tier 1 (Commercial Litigation),
Tier 3 (Bankruptcy)

Schneider & Onofry, P.C., Attorneys at Law

Phoenix
602-230-8857

Yuma
928-257-4887

Tucson
520-777-2196

 

 

 
 

Estate Planning

Do you have a question? Your email to info@soarizonalaw.com will be forwarded to an attorney.

You will appreciate Luane Rosen's personal attention and ease of explaining your options as she guides you through the process of defining your estate planning objectives.

Luane Rosen can assist you with your estate planning needs by:

  • Reviewing and updating your existing estate plan

  • Helping you decide between a Will and a Trust

  • Preparing a straightforward estate plan consisting of:

    • Durable Power of Attorney: Naming someone to take care of your financial affairs if you are unable to do so during your lifetime

    • Health Care Power of Attorney: Naming the person to make medical decisions for you when you are unable to communicate your wishes

    • Living Will: Gives your Health Care Power of Attorney direction on the medical decisions you want them to make, especially the refusal of life-prolonging measures when death is imminent

    • Will: Gives direction to your Personal Representative – also known as an Executor – on how you want your Estate distributed to your heirs

    • Last Separate Writing: Gives direction to your Personal Representative on personal items like furniture and jewelry you want distributed to specific people

Contact us for an appointment to discuss your estate planning needs.

 

 frequently asked questions

How is my Estate Plan important to me while I am still alive?

An Estate Plan is at least as important while you are still alive as it is after your death. Three important documents can be critical while you are alive:

  • Durable Power of Attorney

  • Health Care Power of Attorney

  • Living Will

What is a Durable Power of Attorney, and why do I need one?

A Durable Power of Attorney is one of the most important documents in your Estate Plan. This document names the person that you want to handle all of your financial affairs if you are unable to do so. You have the choice to designate that person immediately or only on your disability. This document gives the person nearly total control over your finances and property, making it critical to appoint someone in whom you have total trust.

Why do I need both a Health Care Power of Attorney and a Living Will?

If you cannot communicate your medical wishes because of illness or injury, your Health Care Power of Attorney will do so. Your Living Will explains your advance, end-of-life wishes so that your Health Care Power of Attorney and your doctors can make decisions to honor your wishes.

What is the difference between a Will and Living Trust?

Wills and Living Trusts both govern how a person’s property will pass after their death. The main difference is that, with a Will, the administration will take place in a probate action and, with a Living Trust, the administration will occur without court oversight, unless a dispute arises.

What is the difference between a Will and Living Will?

Wills and Living Wills are two entirely different types of documents.

  • A Living Will is used while a person is alive but is unable to convey his or her wishes regarding medical care. The Living Will gives guidance to doctors and to the person named as the Health Care Power of Attorney with regard to end-of-life issues.

  • A Will comes into play after a person dies. Most notably, it tells the Personal Representative how to distribute the decedent’s assets.

What is a Last Separate Writing?

A Last Separate Writing directs your Personal Representative to give specific items of personal property to named individuals. This includes items like jewelry, furniture, art, china, silverware, collectibles and so forth. The person preparing a Last Separate Writing will list a primary beneficiary and a secondary beneficiary. A Last Separate Writing avoids the need to list this information in a Will, and the list is easily updated without having to formally change the Will.

Can I change my Will once I’ve signed it?

Yes. You can either have an entirely new Will prepared, or you can change certain provisions with a Codicil, a document that amends, rather than replaces, a previously executed Will.