Beware of Estate Planning and Probate Attorney “Pretenders”

Any attorney or law firm can easily take DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group)’s Estate Planning and Probate content, rewrite it using Artificial Intelligence (AI), and present it as their own so-called “knowledge base.” However, these imitators cannot replicate our decades of experience or falsely claim our Board Certifications in specialized legal fields.

Many attorneys advertise that they “specialize” in a particular area of law, but under the rules of the Arizona Board of Legal Specialization, only a Board-Certified Specialist is legally permitted to use that designation. Don’t be misled—experience and certification matter.

The Best Trusts and Scottsdale Estate Planning Lawyers in Arizona

When searching for the Best Trusts and Estate Planning Legal Team in Arizona, the first factor to consider is experience.

Elizabeth Estes, Managing Partner of the Estate Planning Practice at DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group), began her career at a small Estate Planning firm in Phoenix, Arizona. She later joined a prestigious five-state, Top-200 U.S. law firm as a Partner, before opening her own practice focusing exclusively on Estate Planning and Probate. With 25 years of legal experience in Arizona, she now leads the Estate Planning division at DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group).

Many Scottsdale Trusts and Estate Planning Attorneys do not offer services in Estate Administration, Probate, or Trust Administration simply because they lack the necessary experience in those areas of law.

Not only is Elizabeth Estes recognized as a Specialist in Estate Planning and Trusts, but she also provides expert legal counsel in:

• Tax Planning
• Business Law and LLC Formation
• Business Succession Planning
• Family Law matters related to Estate Planning

Once you’ve assessed the qualifications of a firm’s leadership, it’s equally important to evaluate the skills of the entire legal team.

Cantor Law Group (now called DM Cantor Estate and Probate Practice), founded over 25 years ago, holds an AV Rating from Martindale-Hubbell—the highest possible peer review rating. The firm is also listed in the Bar Register of Preeminent Lawyers.

Virtual Estate Planning Meetings Available

At DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group), we offer complete Estate Planning services virtually—from the initial consultation through to final document signing—all via phone or online. When possible, we recommend using Zoom to help safeguard against future disputes involving coercion or lack of legal capacity.

After your initial consultation, we’ll collect the necessary information through Zoom, email, or telephone. We also provide a secure client portal for submitting financial documents and other sensitive data during the Trust preparation process. If needed, you may also send materials via FedEx or UPS.

During the review phase, any questions, revisions, or concerns can be handled promptly via Zoom, email, or phone.

For the final signing, we prefer that clients visit our office, where we can provide both a notary and a disinterested witness (or two, in the case of a Will signing when the client is single or their spouse is unavailable).

However, if in-office signing isn’t feasible, we can arrange for a mobile notary to come to you. In that case, you may only need to secure a disinterested witness locally.

Questions to Ask When Interviewing an Estate Planning Attorney

How many estate plans has the attorney drafted?

Elizabeth Estes, Managing Partner of the Estate Planning Practice at DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group), has personally designed and drafted over 1,000 estate plans throughout her 25-year legal career. Her experience spans from simple Wills with “pour-over” Trusts to complex, high-net-worth strategies involving LLC and business formation, asset protection structures, and estate tax exclusion planning.

Does the law firm use non-lawyer document preparers or non-lawyer CPAs to design your estate plans?

DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group) never relies on non-lawyers to create estate plans. All documents are formulated and drafted exclusively by attorneys in our Estate Planning Practice. In fact, many clients come to us with flawed estate plans that were initially drafted by non-attorneys—an issue that can lead to serious legal problems, especially if discovered after a loved one’s passing.

Does the attorney have experience with drafting Irrevocable Trusts for tax reduction and/or asset protection purposes?

DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group) has deep experience in drafting Irrevocable Trusts designed to reduce estate taxes and shield assets. We stay current on changes to the federal Estate Tax Credit Exemption—set at $13.99 million per spouse for 2025, but expected to drop to $5.49 million (adjusted for inflation) in 2026. Many mid-level estates will exceed that lower threshold, making proactive planning essential. A well-drafted Irrevocable Trust, funded by life insurance or business interests, can significantly reduce tax liability and also offer protection from creditors or lawsuits.

Does the attorney have experience drafting Special Needs Trusts for vulnerable adults, or individuals under guardianship or conservatorship?

Our attorneys are highly skilled in preparing Special Needs Trusts, as well as filing Petitions for Guardianship and Conservatorship. A Special Needs Trust ensures long-term care for a vulnerable child or relative after your passing and can protect assets from future step-parents in the event of a remarriage. Contact DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group) if you’re responsible for a Special Needs loved one.

Has the attorney performed trust administration?

Elizabeth Estes has served as a Successor Trustee and handled trust administration for numerous clients. She is well-versed in the requirements of the Arizona Uniform Trust Code, including Trust Powers Provisions and Certificates of Trust. Our firm also designs and administers “A-B” Trusts to maximize the estate tax exemptions for spouses. Upon a Grantor’s passing, we immediately begin the four key steps of trust administration: establishing asset values, notifying creditors, filing tax documents, and distributing assets to beneficiaries.

Does the law firm use Wealth Counsel Estate Planning Software in conjunction with Clio legal software?

DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group) uses Clio—the industry’s leading case management platform—alongside Wealth Counsel, the most advanced estate planning software available. Clio’s secure Client Portal enables clients to upload documents from home or have them added by our staff. This data integrates seamlessly into Wealth Counsel’s premium estate planning templates. Combined with our top-tier software, our attorneys are recognized by Martindale-Hubbell, AVVO, Super Lawyers, and other elite legal rating services for their excellence in the field.

Estate Planning Overview

Why Is Estate Planning Necessary?

Estate Planning in Arizona provides critical benefits both during your lifetime and after your passing. It allows you to protect your assets for your heirs and shield them from creditors or potential lawsuits. For instance, if you are found at fault in an accident, placing your assets into a Revocable Living Trust could limit a creditor’s ability to reach beyond your insurance coverage, helping safeguard your wealth.

Estate Planning also plays a vital role in the event of incapacity. If you suffer a serious illness, accident, stroke, or cognitive decline such as dementia, proper planning enables you to appoint an Agent or Personal Representative to make healthcare decisions on your behalf. These directives are outlined in your Estate Planning documents.

Beyond health-related matters, Estate Planning lets you control who inherits your assets, and when. For example, you may choose to distribute a portion of your estate to your children in stages—such as 25% at age 25, another 25% at 30, and the remainder at 35—giving them time to grow in maturity and financial responsibility.

Proper Estate Planning also ensures your final wishes are honored, whether it’s burial in a specific cemetery or cremation with ashes scattered in designated locations at meaningful times, by the people of your choosing.

If you pass away without a Will or Trust (known as dying “Intestate”), the State of Arizona decides:

• Who inherits your assets
• Who will be the Guardian of your children
• Who manages your affairs
• What happens to your body

This scenario is far from ideal and is best avoided through proactive planning.

Important: Recent changes to laws affecting Individual Retirement Accounts (IRAs) and Required Minimum Distributions (RMDs) may render Wills and Trusts created before 2020 outdated. It is essential to have an experienced Estate Planning Attorney review your documents as soon as possible.

Also, remember: Beneficiary designations on accounts like IRAs typically override the instructions in your Will. Improper designations can result in unintended tax consequences.

One major advantage of a Revocable Trust is its flexibility. It can be revoked or amended at any time by the Grantor (the person who creates the Trust). In most cases, the Grantor also acts as the Beneficiary, retaining control and receiving income from the Trust’s assets.

DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group) offers comprehensive Estate Planning services through our experienced Scottsdale Estate Planning Attorneys. We assist families throughout Scottsdale, Chandler, and the surrounding areas with everything from probate administration to trust planning and operating agreements.

If you need a knowledgeable and reliable Scottsdale Estate Planning Attorney, contact DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group) today.

Wills and Related Documents

A Will is a legal document that directs how your property is to be distributed upon your death. It is also the only document that allows you to nominate a Guardian for your minor children. While having a Will does not eliminate the need for Probate, it can significantly reduce legal costs and potential litigation by clearly stating your final wishes. Several supporting documents typically accompany a Will to create a complete estate plan. These include:

Living Will (LW)

The Living Will is part of your Advance Healthcare Directives. It names a surrogate to make medical decisions on your behalf when you are near death and outlines how you wish to be treated regarding life-sustaining measures. This document authorizes the surrogate to make end-of-life decisions, including the withdrawal of care, based on your stated preferences. Without a Living Will, doctors may prolong your life in ways that go against your wishes, potentially causing unnecessary pain and rapidly depleting your estate through costly medical treatments. It also prevents your loved ones from having to initiate complicated and emotionally difficult court proceedings.

Last Will and Testament (LWT)

This is the primary legal document people associate with the term “Will.” It allows you to designate a Personal Representative (also known as an Executor) to manage your affairs after death. The LWT also appoints Guardians and Conservators for your minor children and names the individuals or entities who will receive your property. Without a valid LWT, the court decides who will handle your estate and who will care for your children, potentially placing those responsibilities with people you would not have chosen. Additionally, the absence of an LWT can lead to increased legal expenses, higher bond requirements, and additional probate-related fees.

Funeral and Burial Instructions (FBI)

This document outlines your specific wishes regarding funeral arrangements, burial, or cremation. It helps eliminate disagreements among surviving family members and ensures your preferences are followed. It also prevents others from inaccurately claiming to know what you “would have wanted.”

Personal Property Disposition List (PPDL)

This document allows you to direct specific personal items to designated individuals. For instance, you might leave all your watches to your son, your artwork to your daughter, and divide collectibles or furniture among other loved ones. It’s also recommended that you create a video inventory of your home to clearly document your belongings, helping to prevent disputes about what existed at the time of your death.

These documents work together to ensure your wishes are honored and your loved ones are protected during a difficult time.

Durable Power of Attorney and Healthcare Directives

A Durable Power of Attorney (DPOA) allows you (the Principal) to designate a trusted individual (the Agent) to share decision-making authority with you. This is often helpful if you’re frequently unavailable due to travel or other obligations and someone needs to make time-sensitive decisions on your behalf.

The Agent’s authority continues for as long as you permit and may be revoked at any time. The term “Durable” means the Power of Attorney remains in effect even if you become incapacitated or go missing, continuing until you either recover or regain the ability to act for yourself.

This document empowers your Agent to handle financial matters—including paying bills, managing legal or medical fees, making purchases, and overseeing care-related decisions (if a Durable Medical or Mental Health Power of Attorney is also in place).

Your Agent owes you a fiduciary duty to act only in your best interests. They may not profit from the role or engage in self-serving transactions. Commingling their personal finances with yours is strictly prohibited, and they must maintain separate records. They are also not allowed to gift your assets unless your Power of Attorney expressly authorizes it.

Violations of this fiduciary duty may result in severe consequences, including:

• Class 3 Felony Theft
• Class 2 Felony for Fraudulent Schemes
• Class 3 Felony for Abuse of a Vulnerable Adult

In addition to criminal liability, the Agent may face civil damages up to three times the value of any misused property.

Durable General Power of Attorney (DGPA)

The DGPA authorizes a trusted individual to sign legal documents and issue disbursements on your behalf if you’re disabled, missing, or otherwise unavailable. Without this in place, your financial and legal affairs may stall entirely, potentially causing missed deadlines or unhandled obligations.

If you lack a DGPA during such times, someone must petition the Court to be appointed as your Legal Conservator, often requiring significant expense for legal representation, physician evaluations, and surety bonds.

To avoid unnecessary delays and costs, it is wise to establish this document proactively.

Note: Any Durable Power of Attorney—whether for financial, medical, or mental health reasons—automatically terminates upon your death.

Durable Medical Power of Attorney (DMPA)

A DMPA gives your designated Agent the authority to make healthcare decisions on your behalf if you’re unable to do so. Without one, your treatment may be delayed, and someone will need to petition the Court to become your Legal Guardian.

This document typically accompanies your Living Will and should be completed in advance of any medical crisis to ensure your wishes are honored without unnecessary legal hurdles.

Durable Mental Health Power of Attorney (DMHPA)

The DMHPA allows your chosen Agent to manage your mental healthcare decisions—including hospitalization or confinement—without requiring a full Mental Health Hearing. Without this document, your family may need to take extreme legal action to obtain control, which often involves hiring attorneys, doctors, and enduring emotionally charged proceedings.

With a DMHPA, your Agent can carry out your pre-stated preferences discreetly and efficiently.

HIPAA Authorization

The Health Insurance Portability and Accountability Act (HIPAA) protects your medical privacy. Healthcare providers cannot release your information without signed authorization due to potential criminal and civil penalties.

Signing a HIPAA Authorization in advance ensures that, in an emergency, your loved ones can access your medical records—even if you’re unable to sign new forms at the time of admission. Having these documents ready can be life-saving.

Caution Regarding Joint Accounts

Avoid relying on joint bank accounts with family members or caregivers as a substitute for a Power of Attorney or Will. While often used as an “inheritance tool,” this approach carries significant risk, including:

• Exploitation by a caregiver or family member
• Lack of Asset Protection from lawsuits, creditors, divorces, or tax liens

Instead, safer alternatives such as Pay-On-Death (POD) accounts or Beneficiary Deeds can offer both inheritance efficiency and protection from liabilities.

To determine the best tools for your unique circumstances, consult with an experienced Estate Planning Attorney at DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group).

Personal Representatives and Their Responsibilities

Personal Representatives have a legal obligation to uphold a high standard of care and loyalty—both to the Estate itself and to its Beneficiaries. Key duties include:

Duty to Avoid Conflicts of Interest

A Personal Representative must never place their own interests above those of the Beneficiaries. While they may receive a reasonable fee for their services, they are prohibited from profiting through confidential information or estate transactions.

Duty of Confidentiality

All estate-related information must remain confidential. A Personal Representative cannot disclose such information without proper authorization or a Court Order. For instance, sharing details with one Beneficiary—who may use that information to their own advantage—violates this duty.

Duty of Due Diligence

Personal Representatives must act with reasonable care and prudence when managing estate property. Selling assets below fair market value for convenience or to benefit acquaintances violates this obligation.

Duty to Protect and Preserve the Estate’s Assets

Safeguarding estate property is a core responsibility. This may involve hiring security, storing valuables securely, ensuring insurance policies are up to date, and maintaining real estate before it is sold. The Representative also has a duty to make the property productive—for example, by choosing secure, low-risk investments.

Duty to Act Promptly on Required Matters

This includes timely filing of tax returns, paying property taxes, and submitting all necessary legal documents. Communication with all Beneficiaries is crucial; keeping only one party informed often leads to misunderstandings and conflict. A Personal Representative should always involve all parties in key decisions regarding the estate.

If you have questions about your responsibilities as a Personal Representative, contact DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group) for legal guidance.

Trusts

A Trust is a legal arrangement that allows a person or entity to manage assets for the benefit of designated Beneficiaries. Most Trusts are created by an individual known as the Grantor, who may also serve as the Trustee while they are living. In other cases, a third-party Trustee is appointed to manage the assets.

Often, a Last Will and Testament includes a “pour-over” provision that transfers any remaining assets into the Trust upon the Grantor’s death. While a properly drafted Trust can help avoid Probate, it still requires Trust Administration and the filing of appropriate tax documents.

Advantages of Having a Trust

• Avoids the delays and costs of Probate
• Maintains privacy, as Trust Administration is not public like Probate Court proceedings
• Ensures a smooth transfer of assets upon death, without interruption
• Can reduce estate tax liability
• Allows continued access and flexibility in managing your assets during your lifetime
• Maintains control over assets after death, beyond what a Will typically allows
• Avoids the need for a Court-Appointed Guardian in the event of incapacity, allowing a Trustee to manage your affairs without delay or court involvement

Establishing a Trust ensures your wishes are carried out efficiently and privately while minimizing legal complications and delays. For experienced guidance, contact the Estate Planning Attorneys at DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group).

Types of Trusts

Revocable Living Trusts

Trusts are generally categorized as either Revocable or Irrevocable, with Revocable Living Trusts being the most commonly used. These allow the Grantor to transfer assets into the Trust and still retain full control over them. The Grantor may modify, add, or remove assets from the Trust at any time during their lifetime.

Revocable Trusts are often maintained for many years, with individuals gradually building their estate within the Trust. Assets commonly placed into a Revocable Trust include real estate, stocks, retirement accounts, vehicles, art, and other valuable personal or financial assets.

A major benefit is the ability to designate and later modify Beneficiaries, offering flexibility for changes such as divorce, remarriage, or evolving family dynamics.

Important: Under Arizona law, if your real estate exceeds $100,000 in value or your personal property exceeds $75,000, your estate will automatically go through Probate unless you have a Revocable Trust in place.

Spouses and A-B Trusts

The Revocable Living Trust also serves to protect and provide for a Surviving Spouse, while ultimately preserving assets for future Beneficiaries. Upon the death of the first spouse, a Decedent’s Trust (or Sub-Trust) is created to shelter those assets and provide income or support to the surviving spouse.

When the surviving spouse later passes away, separate Beneficiary Trusts are often created for each heir to manage distributions and asset protection.

It’s crucial to work with an experienced Estate Planning Attorney to ensure proper drafting and post-death review of the Trust. This is especially important due to the potential tax implications, which may include Capital Gains Tax, Inheritance Tax, Estate Tax, Income Tax, Generation-Skipping Transfer Tax, and Excise Tax.

A well-structured Trust will split into two Sub-Trusts after the first spouse’s death in order to fully utilize the Federal Estate Tax Exemption (also known as the Estate Tax “Coupon”). As of 2024, each spouse may leave up to $13.99 million tax-free, resulting in a combined exemption of $27.98 million. The Trust must contain clear language directing the Trust Administrator or Successor Trustee to divide the Trust accordingly to preserve both exemptions.

Irrevocable Trusts

An Irrevocable Trust permanently transfers ownership of assets from the Grantor to the Trust, removing the Grantor’s control over those assets. These Trusts are often used for tax planning and asset protection.

A common form is the Irrevocable Life Insurance Trust (ILIT), in which the Grantor makes premium payments as gifts to beneficiaries, reducing the taxable estate. The death benefit from the policy is tax-free and distributed in accordance with the Trust terms, under the guidance of the appointed Trustee.

Special Needs Trusts

A Special Needs Trust is created to benefit a Vulnerable Adult with mental or physical disabilities, especially those requiring long-term or high-cost care. This type of Trust ensures that the individual receives appropriate support without jeopardizing eligibility for public benefits such as Medicaid or Supplemental Security Income (SSI).

If you care for a loved one who may qualify as a Vulnerable Adult, schedule a consultation with DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group) to discuss how a Special Needs Trust can protect their future and provide peace of mind.

Trust Administration

What to Do After a Recent Death If You Are Appointed as an Executor, Personal Representative, or Successor Trustee

Trust Administration After the Death of a Grantor

Successor Trustees

A Successor Trustee steps in to manage a Trust when the Original Trustee is no longer able to serve—whether due to death, incapacity, or resignation. This individual or entity (such as DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group)) is appointed in the Trust documents to carry out the responsibilities of Trust Administration.

Successor Trustees Appointed by the State

Under A.R.S. § 14-10704 of the Arizona Trust Code, if a vacancy occurs and no designated Successor Trustee is immediately available, the State follows a specific order of priority for appointing one:

1. A person named in the Trust as the Successor Trustee
2. A person unanimously agreed upon by all Qualified Beneficiaries
3. A person appointed by the Court

While only Qualified Beneficiaries have the right to appoint a new Trustee under this statute, Non-Qualified Beneficiaries are not excluded from the process. They may petition the Court to remove a Trustee—even one appointed by a Qualified Beneficiary—if they can prove that such removal serves the best interests of the Trust.

If you need experienced representation for Trust Litigation or Probate-related Business Disputes, contact the knowledgeable team at DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group) for a Free Consultation today.

Empowering the Successor Trustee

To take action on behalf of the Trust, a Successor Trustee must first be empowered by the Trust documents.

Step 1: Review the Trust Documents

The Successor Trustee must review all governing documents. If DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group) created the Trust, we can walk you through the terms and explain your responsibilities.

Step 2: Decide Whether to Serve

The nominated Successor Trustee must confirm their willingness to serve. If they accept, they must demonstrate they are qualified to act in this role.

At your request, we will prepare a Certificate of Trust, outlining the circumstances under which the Successor Trustee was nominated. This document serves as proof of authority and gives third parties confidence they are dealing with the correct legal representative of the Trust.

Step 3: Understand the Specific Powers

Within your Trust Agreement, we include a comprehensive list of the Specific Powers granted to the Successor Trustee. This “Trust Powers Provision” clearly outlines what actions the Trustee may take on the Trust’s behalf.

If this provision is missing or incomplete, there is a legal presumption that the Successor Trustee lacks authority to engage in certain actions. This could contradict your original intent as the Grantor. That’s why it’s essential to work closely with your DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group) Estate Planning Attorney to ensure every power you want your Successor Trustee to have is clearly included in the Trust documents.

If you’re seeking skilled attorneys who provide expert guidance and superior service throughout the Estate Planning process, contact DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group) today. Our Scottsdale Estate Planning Lawyers offer the experience and legal insight that many firms simply cannot match.

Click the link below to learn more about Trust Administration.

[Learn More About Trust Administration]

What We Do When We Represent You

When you work with a Scottsdale Trusts and Estate Planning Attorney at DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group), we will craft a comprehensive estate plan tailored to your unique needs. Alongside a Last Will and Testament, we can design a Revocable Living Trust to safeguard your assets and ensure they pass to your intended beneficiaries, not creditors or opportunistic litigants.

These Trusts also allow you to make detailed provisions for minor children in the event of incapacity or death and can be structured to significantly reduce or eliminate estate tax exposure for your heirs.

In addition to the core Trust and Will documents, we also prepare:

• A Durable Power of Attorney, empowering your spouse or chosen Agent to manage financial affairs if you choose or become incapacitated or missing
• Health Care Directives, which outline your preferences for medical care and end-of-life decisions, including comfort measures, resuscitation, and life support
• A Durable Mental Health Power of Attorney, which authorizes a trusted Agent to make decisions if you experience a mental health decline requiring inpatient care or psychiatric intervention

Once your documents are finalized, we assist with asset funding and migration into your Trust. This includes transferring:

• Arizona real estate
• Bank and investment accounts
• Life insurance policies
• Business interests and LLCs
• Vehicles, artwork, and other assets

After your plan is fully executed, you will receive a three-ring binder and a thumb drive containing all legal documents and contact information. Included will be your final instructions regarding burial, cremation, and memorial preferences, as well as a secure log of passwords to digital accounts and devices.

This is especially helpful in granting a trusted heir access to your photos and digital data, such as content stored on your smartphone. From there, it’s up to you to let your most trusted family member know where your Estate Planning Binder and Thumb Drive are stored.

Many families are unsure how to begin the estate planning process or how to find a qualified Estate Attorney experienced in Trust Law. If you’re ready to protect your future and your family’s legacy, contact a Scottsdale Trusts and Estate Planning Attorney at DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group) and schedule your Free Estate Planning Consultation today.

Scottsdale Trust and Estate Planning FAQs

What if I become incapacitated or die during my divorce?

If you have a Durable Power of Attorney in place and become incapacitated during divorce proceedings, your designated Agent can step in and finalize the process. If you’re separated or divorcing, it’s essential to update your Power of Attorney to remove your spouse if you no longer want them acting on your behalf.

If you do not have a Durable Power of Attorney and Advance Directives, the court will need to appoint a Guardian and Conservator to handle your medical and financial decisions, which can be both costly and time-consuming.

If you pass away during your divorce, the law treats it as if you were still legally married, and your spouse could inherit everything—unless you have taken proactive steps to protect your estate.

What if I become incapacitated or die before I sign my documents?

Unfortunately, unsigned documents are not valid in Arizona. Estate planning documents must comply with state law requirements, including being signed.

If you become incapacitated without signed documents, the court will appoint a Guardian and Conservator to manage your affairs.

What if I own real estate in another state?

If the property is not held in a Trust, your Personal Representative or Executor will likely need to open an Ancillary Probate in each state where you own real estate, in addition to Arizona probate. To avoid this, it’s recommended to hold out-of-state real estate in your Arizona-based Trust, which eliminates the need for multiple probate proceedings.

Should I draft my own documents on LegalZoom?

No. Estate planning is not a one-size-fits-all process. Using an online service may lead to critical errors. At DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group), your plan is prepared by a licensed attorney who understands your personal situation. We continue to offer ongoing guidance at no additional cost, ensuring your plan remains current and legally sound.

Should I use a non-attorney CPA or document preparer?

No. Non-attorneys are not qualified to offer legal advice and doing so constitutes unauthorized practice of law. While CPAs can offer tax insight, estate planning involves much more. At DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group), we ensure every legal and financial detail is addressed by licensed attorneys.

My loved one died with a will—now what?

Contact DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group). We’ll guide you through the probate or estate administration process. In some cases, probate may not be necessary—especially if the estate qualifies as small or assets were transferred through a Trust or beneficiary designations. We’ll help you determine the next steps.

What if my loved one died without a will?

Call DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group). If someone dies intestate (without a will), Arizona law determines who inherits and who may serve as the Personal Representative. We’ll assist you in locating heirs, searching for a will, and managing the intestate probate process.

What if my loved one died with a partially funded trust?

A Trust only works if assets are properly funded into it. If any assets were left out, a Pour-Over Will helps transfer those into the Trust. Although this may still require probate, the Trust will ultimately control distribution. When you create a Trust with us, we’ll help you properly fund your assets to avoid this issue.

What is a Small Estate Affidavit?

If the estate’s personal property is worth $75,000 or less, and real estate (minus encumbrances) is worth $100,000 or less, you may qualify to use a Small Estate Affidavit to collect assets without going through probate. We’ll assess your situation to determine if this method is an option.

What are P.O.D. and T.O.D. accounts?

A Payable on Death (P.O.D.) account transfers directly to the named beneficiary upon your death. A Transfer on Death (T.O.D.) designation does the same for investment accounts. While these can bypass probate, they don’t replace a full estate plan. They leave no funds to cover medical bills, funeral expenses, or taxes, potentially causing problems for your estate.

What is a Partition Action?

When multiple individuals co-own real estate as tenants in common and cannot agree on its use or sale, a Partition Action may be filed. The court will appoint a Special Master to sell the property, and all parties will bear the legal and administrative costs.

This situation commonly arises when multiple beneficiaries are named on a Beneficiary Deed, but cannot agree on property disposition. To avoid costly disputes, it’s best to create a comprehensive estate plan that minimizes complications and offers clear instructions for your heirs.

Work With a Scottsdale Trusts and Estate Planning Attorney Today

Schedule your free consultation with one of our experienced Scottsdale Trusts and Estate Planning Attorneys at DM Cantor‘s Estates and Trust Practice (currently known as Cantor Law Group). For personalized legal guidance on any estate planning matter, call us at (602) 254-8880, or click here to get started with your consultation.