Community Property With Right of Survivorship in AZ
Arizona is one of the minority of states recognizing the concept of community property. In Arizona’s version, though, most real estate owned by spouses for many years was titled as joint tenancy with right of survivorship. Why? Because Arizona did not recognize community property with right of survivorship until 1995. Is Community Property with Right […]
A Gift to a Married Couple is a Gift to Both of Them
It’s not uncommon for family members to make a gift to a married couple. Usually, when a generous family member contemplates the couple, they assume that the marriage will continue. It also allows for a doubling of the annual gift tax exclusion amount (the well-known $15,000 figure). But sometimes the gift was really intended to […]
Planning Is Essential for Second Marriages
Is your current Mr. or Mrs. Right not your first spouse? And do you have kids from another relationship? Second marriages can be wonderfully fulfilling, but step families come with built-in tensions. If this is you, it’s essential to consider an estate plan. Otherwise, the state of Arizona has a plan, and its rules almost […]
Joint Tenancy with Right of Survivorship, or Community Property?
MARCH 24, 2014 VOLUME 21 NUMBER 12 Which is better? How should we take title to our house? How about our brokerage account? These questions are really common in our practice. The answer is actually pretty straightforward, but we do need to lay a little groundwork. Arizona is a community property state. That means that […]
This is Huge: Feds Publish New Rules on Gay Marriage
SEPTEMBER 2, 2013 VOLUME 20 NUMBER 33 Just a few weeks ago we wrote about some of the uncertainties facing legally married same-sex couples living in states (like Arizona) that refuse to recognize the validity of their marriages. If a legally-married couple moves to Arizona, we wondered, would their ability to receive some of the […]
Simple Estate Planning for a Married Couple
AUGUST 12, 2013 VOLUME 20 NUMBER 30 Last week we saw a married couple in our office. The couple had come to us for estate planning. They did not have children with disabilities, or spendthrift sons-in-law or daughters-in-law. Their assets were not unusual (some Arizona real estate, a brokerage account, several bank accounts). Their net […]
We Take a Stab at Some Of Our Common Legal Questions
FEBRUARY 21, 2011 VOLUME 18 NUMBER 6 We get asked plenty of general legal questions. We try to give helpful answers, recognizing that we can not give specific legal advice to non-clients (and particularly to questioners from outside Arizona, where we are licensed to practice law). Often our best answer is “check with a local […]
Late-Life Marriage Leads To Property Dispute in Divorce
MARCH 15, 2010 VOLUME 17, NUMBER 9 Older individuals often get married, of course, and sometimes face legal issues as a result of separation or divorce. The legal problems associated with the end of a late-life marriage are not necessarily different from those faced by younger divorcing couples. A recent Arizona Court of Appeals decision […]
Arizona Community Property Is Not Always Subject To Probate
OCTOBER 9, 2000 VOLUME 8, NUMBER 15 Arizona is one of nine “community property” states in the country, and that can be the source of some confusion about estate planning, taxes and property ownership rights for married couples. Recent changes in Arizona’s law make the “community property” designation a little more friendly and understandable, and […]
