Legal Question in Wills and Trusts in Arizona

Inter Vivos Trust

I own stock in a company that doesn't have a ''tod'' provision. Should I have an inter vivos trust for just this one stock so that it can be passed to my two daughters on my death and they then can by pass probate. Or, is their another way to solve this problem. I don't want to add them as joint owners on the stock.

Thank you for reading my request and I look forward to your reply.


Asked on 2/22/07, 1:25 pm

1 Answer from Attorneys
James Jenkins Jenkins Law Center PLC

Re: Inter Vivos Trust

Hard to say, not knowing details about the rest of your assets, the value of the stocks, or how the rest of your estate is structured.

If the rest of your estate passes without probate automatically, and the assets subject to the will are under $50,000, the stock could be transferred by affidavit after your death without probate. If you do a living trust, that would indeed solve the problem, but you might as well put the other assets in the trust to make it work most efficiently for you.

If the stock is publicly traded, you could open a brokerage account, such as with USB Financial, and make the account beneficiaries your children.

You see, there are options.

If you want a complimentary copy of my audio CD, "Your Estate Plan," you can call 480.835.1500 and request it.

Best regards,

James D. Jenkins

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Answered on 2/24/07, 10:20 am


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