Diane Prescott
Diane B Prescott Inc
Phone pending
About Diane Prescott
Diane Prescott is an estate planning attorney at Diane B Prescott Inc serving Arizona, Arizona. Arizona estate planning is governed by Title 14 of the Arizona Revised Statutes, which includes the Probate Code and the Arizona Trust Code, addressing wills, revocable trusts, powers of attorney, beneficiary deeds under ARS § 33-405 (an Arizona-specific tool), and the small-estate procedures under § 14-3971. See contact information below.
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Education
- Law School: Santa Clara
Common questions about Estate Planning in Arizona
Answered by Arizona Attorney Search Network
What is a healthcare power of attorney in Arizona?
Governed by ARS § 36-3221, a healthcare power of attorney names an agent to make medical decisions for you if you cannot communicate. Combined with a living will (advance directive under § 36-3261) specifying end-of-life treatment preferences, the two documents answer the questions hospitals will ask: who decides, and what do they decide. Arizona offers free statutory forms on the Attorney General's website.
What happens if I die without a will in Arizona?
Your assets pass under Arizona's intestate succession statutes (ARS § 14-2102 and following). For a married decedent, the surviving spouse inherits all community property and all separate property if there are no children outside the current marriage. If there are children from prior relationships, the surviving spouse takes one-half of separate property and the children take the rest. Intestate distribution is rarely what people would have chosen.
Do I need a living trust in Arizona?
Not necessarily. A revocable living trust avoids probate, provides incapacity planning, and offers privacy, but adds cost ($1,500-3,500 above a basic will package) and complexity (assets must be retitled into the trust). For Arizonans whose main probate concern is a single home, a beneficiary deed under § 33-405 often does the same job for a small fraction of the cost. Trusts make more sense with multiple properties, out-of-state real estate, or special-needs beneficiaries.