Legal Question in Wills and Trusts in Arizona

I live in Arizona, 60 yr old female, caucauson, divorced with no children, 3 dogs rights now. Written Instructions for dogs I am planing. Maybe a Pet Protection Plan - I don't know yet. And I have 1 checking acct with Chase bank, 1 savings & money market with a Phoenix Credit Union, 1 savings acct with a credit union in Michigan. I have about $80,000.00 in a pension plan from my job in Arizona - fully invested. The Bank acct & 2 credit union accts will have my 2 sisters names on them along with my nephew name on them. The pension plan is already set up with my 2 sisters names on it 50 - 50 & if they are dead - it is to go to my nephew 100%. I have a car with forms from the ADOT to fill out for a beneficary etc. Or for my car if my estate is under $50,000 - anyone can transfer the car title into their name. I own a share in a co-op here in Tempe Az - which states all I have to do is get a notorized letter stating who I want my "share" townshouse to go to. We do not actually own the building - townhouse - but a share in the membership. My unit (share) is worth about $7000.00. They sell fast. So all my belongs go with the transfer to beneficiary for membership to my townhouse beneficiary(s). So I will not have a "will". All is taken care of. I will have my 2 sisters & nephew as alternate, in case my sisters are dead - as durable power of attorny for health & mental heath care decisions. I'll have a living will. MY QUESTIONS; DO I NEED A WILL? DO I NEED A FORM FILLED OUT FOR A PERSONAL REPRESENTIVE - SO MY SISTER(S) OR NEPHEW will BE ABLE TO WRITE CHECKS - IN CASE I'M OUT OF IT FOR AWHILE IN THE HOSPITAL OR DEAD? (ps I already have my cremation & burial plans with Neptune Society - they are paid for & I am to be buried at Sea) thank you Jeanette (if I die when I'm old & my nephew is left everything - does he need to hire an attorney to tell him how to handle my taxes & any questions he has)


Asked on 12/17/11, 1:06 pm

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

You need a Will, in the event that you pass away owning assets, whether or not they are worth more than $50,000. Passing real estate to someone, does not transfer or convey the personal property you may own at death. Neither your sisters or nephew have the legal right to write checks and pay your bills, without a durable general/financial power of attorney. Nobody can make medical decisions for you or determine how you should be cared for during your lifetime, without a durable health care power of attorney. Remember, doctors are very good at keeping someone alive, however, you want your wishes and discretion applied to those decisions. One does not pass instantly, in most cases.

If you want to protect your dogs, you need to set up a trust, so that you have left enough money to provide for the dogs' care and you have picked the person to take care of them.

Stating your "wishes" does not protect them, nor does buying an insurance policy.

Have you provided for what happens if one of your sisters survives you? does that surviving sister get 100% of your estate or only 1/2? Have you left authorization and notification to somone to carry out your wishes, that you have prepaid for cremation and burial?

I think that you should consult with an attorney/me to be sure that you have set things up properly. I can see that you have tried to do so, however, there are a number of questions to be reviewed. I consult on a fixed fee basis, no obligation thereafter.

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Answered on 12/17/11, 3:39 pm


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