Estate Planning

Scottsdale Estate Planning Lawyers

Many families fail to realize that if they do not have an estate plan, the IRS and the state in which they reside will simply make one for them. Without an estate plan, you are in effect turning control of your assets and affairs over to a third party that does not necessarily have your best interests at heart. And your loved ones will suffer the painful emotional and financial consequences.

Truly effective estate planning is about much more than simply minimizing taxes. It also involves legacy planning: ensuring that your values and family traditions are carried on through future generations.

Fred and Ilene are committed to helping their clients achieve both. How? First, by listening closely to you, to help you identify and clarify your most pressing concerns, your overall goals, your hopes and dreams. Then, after gaining a thorough understanding of your particular situation and family dynamics, they will craft a comprehensive plan that addresses all of your concerns, helps you realize your dreams, and provides peace of mind for you and the people you care about most. If you already have a plan, chances are they can make it better. After all, an inadequate or out-dated plan is often worse than no plan at all. Fred and Ilene have reviewed numerous plans and found them to be wanting. And then, found ways to make them better.

The estate plan Fred and Ilene create for you will accomplish all or just some of the following, depending on your specific needs:

  • Maintain control over your affairs
  • Protect your assets
  • Continue to enjoy the lifestyle to which you have become accustomed
  • Significantly reduce income, gift, capital gains and estate taxes
  • Pass the largest possible amount of your wealth on to your heirs in accordance with your wishes
  • Protect your heirs’ inheritance from creditors, predators and, in certain cases, from the poor judgment of your heirs themselves
  • Keep your affairs private
  • Avoid the expenses and delays associated with probate
  • Pass your values and work ethic on to your heirs
  • Ensure you legacy
  • Help you protect the value of your business.

Estate planning packages designed to meet your unique needs and goals

Level One: Foundation Plan

For the family that is most concerned about preserving their life-style in the event of disability or incapacity, transferring assets after death and guaranteeing the right people will care for their children and their children’s inheritance.

Revocable Living Trust (RLT) including:

  • Trustee Succession Provisions
  • Customized Successor Trustee Powers
  • Determination of Incapacity Panel
  • Quality of Life Provisions for Periods of Incapacity
  • Provisions for Last Illness and Funeral Expenses
  • Creation of Charitable and Non-Charitable Shares
  • Detailed Distribution of Shares Instructions
  • Springing Trusts for Underage and Incapacitated Beneficiaries (Simple)
  • Retirement Plan and Life Insurance Provisions
  • Contest Provisions

Ancillary Documents supporting your RLT:

  • Estate Planning Portfolio
  • Summary of Your Trust
  • Pour-Over Will with Guardianship Provisions for Your Minor Children
  • Durable Power of Attorney
  • Living Will & Durable Power of Attorney for Health Care
  • Mental Health Power of Attorney
  • Authorization
  • Assignment of Personal Property
  • Personal Property Memorandum
  • Certification of Trust
  • DocuBank Enrollment
  • Detailed Funding Instruction

Estate, Gift & Generation Skipping Tax Planning

Simple Funding Assistance

Level Two: Family Plan

For the family that wants to ensure the smooth transition of their financial assets and the naming of guardians for their children, and also wants their plan to provide after-death inheritance protection for the financial assets that their beneficiaries will receive.

The Family Plan includes elements from the Foundation Plan and applies special techniques to build an estate plan that provides for the care of loved ones and the governance of assets. It achieves these results by utilizing one or more of the special instruments listed below:

  • Asset Protection Planning
  • Beneficiary Controlled Dynasty Trust
  • Inheritor’s Trust
  • Irrevocable Life Insurance Trust
  • Income Tax Planning
  • Retirement Trust
  • Educational Plan TrustSpecial Needs TrustRemarriage Protections for Spouse and Children
  • Simple Business Succession Planning
  • Complex Funding Assistance

Legacy Plan

For the family that wants to identify their most important values through in-depth counseling to create the instructions and advanced instruments that will not only provide beneficiaries and trustees with the tools necessary to perpetuate those values for future generations, but will also provide heirs with a trusted advisor relationship to call upon for expert counsel.

The Legacy Plan includes Family level planning plus:

  • Charitable planning with a Charitable Remainder Trust, a Charitable Lead Trust, or a Private Foundation
  • Family Limited Partnership or Family Limited Liability Company
  • Advanced Asset Protection Planning
  • Grantor Retained Annuity Trust
  • Retirement Trust
  • Built-up Equity Return Trust
  • Sale of Family Business to a Family Trust using a Self Canceling Installment Note, or a Private Annuity
  • Comprehensive Business Succession Planning

Ilene L. McCauley and Frederick H. Goldinov are licensed to practice law in the State of Arizona. The law firm of Goldinov & McCauley, PLC provides legal services for clients in the State of Arizona. The information provided on this website and our blog is general and educational in nature and should not be construed as legal or tax advice, nor does the use of the website create an attorney/client relationship. Laws of specific states or laws relevant to a particular situation may affect the applicability, accuracy or completeness of this information which cannot take the place of one-on-one personal legal consultation and advice. Federal and state laws and regulations are complex and subject to change. No legal representation is created, and we make no warranties with regard to the information or results obtained by its use. Neither the authors nor anyone forwarding or reproducing this work shall have any liability or responsibility to any person or entity with respect to any loss or damage caused, or alleged to be caused, directly or indirectly, by the information contained in this website or blog.