Legal Question in Wills and Trusts in Arizona

Re: Pour over Wills

Your choice of Guardian is, and should be, the best person to take care and custody of your children and who would raise them according to your expressed wishes. The executor under your Will has very limited duties, only to administer your probate estate, and upon completion of the probate, he is discharged and has no further duties. If you have all of your assets in trust, there is no need for a probate and there will be no executor. The guardian of your children must go to the trustee of your trust to obtain payment of the bills and costs of raising the children. It is the trustee's responsiblity to decide how much money is available for their support, both from income and principal of the trust estate. The Guardian has no authority over the money in the trust and minor children cannot have the money outright. It is a good thing that the guardian must go to someone else to approve the expenses of raising the children.