Legacy Estate & Business Law

11/04/2025

Will vs Trust in California and Arizona: Generally, a Will in either state has to go through the probate process if someone owns property over $185,000 (CA) or $75,000 (AZ) and probate is not a quick process - it can take 1-2+ years from beginning to end. In California, the attorney who handles the probate gets a statutory fee for his/her work, and the personal representative is entitled to the same amount. An example of this fee: someone passed away with a home worth $800,000. The statutory fee would be $19,000 each to the attorney and personal representative. It doesn't matter if there is still a mortgage - it is the actual value of the home. In Arizona, attorneys are paid for the work they do at their hourly rate, so a probate could cost thousands of dollars depending on the size of the estate. How to avoid probate? A revocable living trust in either AZ or CA can be one of the best legal tools for someone to prevent their family from having to go through the hassle of a probate and the high fees, at a much smaller cost! It could be a great Christmas gift for your family members this year!!

10/22/2025

10/22/2025

The Worse Nightmare to Happen:

Imagine if you and your spouse went out for dinner one night and on your way home, you were hit by another car/truck and both of you were killed – the worse nightmare coming true – and you have young children at home with a babysitter. What happens? Do you have instructions and legal documents prepared so that your desired plan to take care of them, emotionally and financially, would spring into action immediately? Do you have some form of a “kids protection plan”? Do you have a trusted person who could take charge? We don’t think this scenario could happen to us, but it does. Let’s talk about what should and can be done – book a complementary consultation at munierlegacycenter.com and get the facts!

10/21/2025

Can You Trust Yourself in Knowing What is Needed by “Do-It-Yourself” Estate Planning?
Would you trust yourself to know exactly what to do by going through an online service to get your estate planning documents drafted? Would you know what questions to ask and how to answer them yourself? Many people get a Revocable Living Trust in place as their estate plan due to the high cost of probate (and the length of time it takes). If you wanted to get a trust, do you know how to fund it? Would you know about other documents you need to make it valid? I had a client that came to me to review his living trust he created online for him and his spouse. He thought by setting this up, he and his spouse would own everything jointly through the joint trust. He did not know that the trust used common terms to keep property in the same status that it existed in before putting property into the trust - and the spouse owned most of their property in her name! He basically disinherited himself automatically because he did not know the law and did not consult with a lawyer. Plans should help your family stay out of court and avoid conflict!!

10/18/2025

https://lp.constantcontactpages.com/sl/ZyZsZZU/pettrusts2025?source_type=fbpo&source_id=ae503b6c-d5d9-4452-9a1e-5aad98e1eafd

Pet Trusts can be created in your estate plan to describe care in detail that you want for your pets

10/18/2025

Goal for your estate plan: Keep your loved ones out of COURT and CONFLICT when you're gone - As a Personal Family Lawyer we can help!

10/17/2025

PROTECTING YOUR KIDS IF SOMETHING HAPPENED TO YOU:
If you are a single parent with minor children at home, do you have a plan in the event that something happened to you and you were no longer around to take care of them? We never like to even think of this most awful thing happening, but it does, and the best thing a single parent (or parents in general) should have is a Kids Protection Plan in place so that the children will be cared for immediately and legally by a trusted family member or friend. This negates the need of having to go to court for a guardianship (which takes a lot of time) and what happens to the kids in this "up in the air" devastating period of time? Want to discuss options? DM me!

10/16/2025

5 Tragic Mistakes People Make When Leaving an Inheritance to Their Pets

Planning for your pets in your estate plan is an excellent way to ensure that your beloved pet will receive proper care and attention after you pass on. The problem, of course, is that you will not be there to ensure that your wishes are carried out. That is why it is critical to create a comprehensive estate plan that correctly addresses pet planning so that there are no loopholes or unforeseen situations that could make your plans for your pet go awry. Here are five tragic mistakes people often make when leaving an inheritance to their pets.

1. Setting Aside More Than the Pet Could Ever Need
Stories about celebrities who leave their entire fortune to their pet are not unheard of. Leaving millions of dollars, houses, and cars to your pet is not only unreasonable—it is also more likely to be contested in court by family members who might feel neglected. To avoid this pitfall, create a budget for your pet’s care and leave a reasonable sum of money to ensure that your pet receives the same quality of life that they enjoy now.

2. Providing Vague or Unenforceable Instructions
Too many pets do not receive the care their owners intend because their owners were not specific enough in their instructions or did not use a properly prepared estate planning tool (such as a pet trust) to make the instructions legally binding. Luckily, a pet trust can clarify your instructions and make them legally valid and enforceable.

If you leave money to a caretaker without a pet trust in place, hoping that it will be used for the pet’s care, nothing stops the caretaker from living very well on the pet’s money. But when you use a pet trust to designate how much the caretaker will receive and how much should be allocated for the pet’s care, you provide a legal structure to protect your furry family member. You can be as specific about your wishes as you would like, from how much should be spent on food, veterinary care, and grooming to how much your pet’s caretaker should receive for their dedication to your pet. You can even include detailed care instructions, such as how often the dog should be walked. However, it may be better to outline these types of details in a separate letter of instruction outside of the trust so that they can be changed as frequently as needed as your pet’s needs and preferences often evolve throughout their lifetime.

3. Failing to Keep Information Updated
Assume that hypothetical client Bill sets up a pet trust for his dog Sadie, but she passes away while Bill is still alive. What happens then? If Bill gets a new dog named Gypsy but does not update his trust to account for this, Gypsy could easily wind up in a shelter or worse because she is not specifically named in the trust. This can be easily avoided by working with an experienced estate planning attorney to create a pet trust or an estate plan that anticipates future pet ownership. It is important to review your estate plan regularly with an estate planning attorney to ensure that it continues to work for your entire family, including your furry family members.

4. Not Having a Contingency Plan
You may have designated a trusted friend or loved one as a caretaker in your pet trust, but what happens if that person is unable or unwilling to assume that role when the time comes? If you have not named backup caretakers, your pet might end up at a local shelter without a home. Working with an experienced estate planning attorney means that you will always have a plan B in place for your pet, and nothing will fall through the cracks.

5. Not Engaging a Professional to Help
Too many people make the mistake of trying to set up a pet trust themselves, assuming that a form downloaded from a do-it-yourself legal website will automatically work in their circumstances. Only an experienced estate planning attorney should help you create a legally enforceable estate plan for your pet to help ensure that everything works exactly the way you want and is legally valid under your state’s laws.

When attempting to leave an inheritance to your pet, the good news is that with professional help, all of these mistakes are preventable. Talk with us today about your options for planning for your beloved pet. This can include setting up a new pet trust, adding a pet trust to your current estate plan, or implementing specific provisions or tools to plan for your pet’s future. We are here to help.

10/04/2025

WHO TAKES CARE OF YOUR FURBABIES IF SOMETHING HAPPENS TO YOU?
Most of us have “furbabies” – either a dog, a cat (or both) that we consider our family. All of us want something in place to take care of our children in the event that something (God forbid) happens to us in the short term, and we need to know how this would impact the people we love. Did you know that planning for our pets can be done through the use of a simple "pet trust" in your estate plan, so that we know that our wishes concerning who will take care of them & how if we cannot, will take place? Unfortunately, so many people with beloved pets don’t consider this, and family members are forced to turn the pet over to an animal shelter where they may never find a new “forever” home. Statistics show that 35-40% of dogs in animal shelters are eventually euthanized, and cats have unfortunately higher percentages! Want to avoid this awful outcome altogether – we offer free consultations to get you the advice you need! (Arizona & California clientele) I can also send you a complementary E-book "Understanding Pet Trusts" - Direct Message me

10/01/2025

WHAT IF YOU COULD NOT MANAGE YOUR FINANCES?
Most of us don’t think that we may become incapacitated at any time of our lives, but it does happen, and it can occur not just because of health issues, but due to an unexpected accident or unplanned incident. If you are married, it makes sense to execute a durable power of attorney for financial matters where you name your spouse as your agent to act if you cannot. If you are not married, it is crucial that you have a power of attorney where you have named a trusted family member or friend as your agent. Nonetheless, be sure to name someone who you know has your best interests at heart and is responsible and dependable when it comes to handling your finances.