Law Office of Keith R. Lyman LLC

03/12/2026

Navigating the Arizona probate court system can be complex. In Arizona, the probate process generally falls into two categories: Informal and Formal. Understanding the distinction is vital for a smooth transition of assets.

Informal probate is the most common path. It is an administrative process handled by a court registrar rather than a judge. Because there are typically no court hearings, it is significantly faster and more cost-effective. This route is ideal when an original, valid will exists and there are no disputes among heirs.

Formal probate is a litigation-based process presided over by a judge. This path is required when legal issues arise, such as a contested will, a missing original document, or disagreements regarding the personal representative. Because it involves formal court hearings, it is naturally more time-consuming and costly.

Choosing the incorrect approach can lead to significant delays and depleted estate assets. For those handling an estate in the Phoenix area, professional guidance ensures the most efficient legal path.

Contact our office for a virtual consultation to discuss your specific needs.

03/09/2026

Should every account be titled in the name of your Trust? Not necessarily. For primary checking accounts, the administrative hassle of retitling often outweighs the benefits.

Retitling a checking account into a Revocable Living Trust usually requires closing the existing account. This triggers a cascade of tasks: new account numbers, new checks, and the frustration of re-linking every direct deposit and automatic bill pay.

There is a more convenient path: The Payable on Death (POD) designation.

By naming a POD beneficiary, funds pass directly to your heirs upon your passing: completely bypassing probate court. Best of all, you keep your existing account numbers, checks, and automated finances exactly as they are.

It is a practical way to balance effective estate planning with daily convenience. While complex assets belong inside a Trust, a simple beneficiary form is often the superior choice for your daily checking.

Learn more about our virtual estate planning services or schedule a complimentary consultation at www.lymanlawaz.com.



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03/05/2026

The 2026 federal estate tax updates have officially arrived. With the individual exemption climbing to approximately $15 million, it is a common pitfall to assume estate planning is only for the ultra-wealthy. This misconception can lead to unintended consequences for your loved ones.

Estate planning is fundamentally about more than tax mitigation. While a higher threshold provides relief from federal taxes, it does not address the complexities of the probate process: the court-supervised procedure for distributing assets: or the protection of beneficiaries. Relying solely on exemption limits often overlooks critical tools like Revocable Living Trusts or Durable Powers of Attorney. These documents ensure your wishes are followed and provide clarity during difficult times.

Whether an estate is large or modest, the goal remains the same: maintaining control and protecting your family's future. With over 40 years of experience in the Phoenix area, Keith R Lyman LLC helps families navigate these changes through a fully virtual and secure process.

Review your plan today. Contact us for a complimentary telephone consultation to discuss your specific situation.

03/02/2026

Did you know that your 401(k) or life insurance policy might completely ignore your Will? Many families are surprised to learn that certain assets do not pass through the probate process or follow the instructions in an estate plan. These assets, governed by beneficiary designations, transfer directly to whoever is named on the original form, regardless of what a person's current Will or Trust states.

This demonstrates a common problem in estate planning. If an old insurance policy still names an ex-spouse or a deceased relative, the legal system will likely honor that designation over a newer Will. These forms are often referred to as "Payable on Death" (POD) or "Transfer on Death" (TOD) accounts, and their power to override other documents can create significant hidden pitfalls for your heirs.

Ensuring that these designations are properly coordinated with your overall strategy is essential to avoid unintended distribution of your hard-earned assets. A regular review of your accounts is a small step that can prevent major complications later. Talk with your attorney to confirm that your primary and contingent beneficiaries align with your current family and financial situation.

01/23/2026

Big news for special needs planning in Arizona: ABLE accounts just became available to many more families in 2026.

The key change: an ABLE account can now be opened if the person’s disability began before age 46 (the old rule was before age 26).

Why this matters:
• ABLE accounts can help a person with a disability save and spend for qualified expenses without jeopardizing needs-based benefits (in many cases)
• This expansion helps individuals who developed a disability later in life: often from illness, accident, or service-related conditions

ABLE accounts and special needs trusts can work well together, but the coordination can be tricky. A quick review of the overall plan is often worth it.

To discuss options, schedule a virtual consultation with Keith R. Lyman: Phoenix-based estate planning attorney with 40+ years of experience.
www.lymanlawaz.com

01/21/2026

No traffic on I-10. No sitting in a waiting room. No taking a half-day off work.

In 2026, more Phoenix families are getting their estate plans done from home: securely and efficiently: with virtual legal services.

Virtual estate planning can include the same essentials as an in-office visit (wills, trusts, powers of attorney, and health care directives), but with a process that fits real life: secure online questionnaires, video consultations, and a protected client portal for document review.

The key is having an experienced attorney behind the screen. With 40+ years helping Arizona families plan ahead, Keith R Lyman LLC brings the depth of experience that helps prevent costly mistakes and missed details.

Read the new blog post here: https://www.lymanlawaz.com/blog/estate-planning-from-your-couch-why-phoenix-families-are-choosing-virtual-legal-services-in-2026

If you’d like to discuss your situation, schedule a complimentary phone consultation at www.lymanlawaz.com.

01/20/2026

⚖️ Arizona’s Small Estate Affidavit limits have changed: here’s what you need to know.

Arizona recently increased the value limits for small estate affidavits, allowing more families to settle estates without full probate. ✅ While this is great news, the mandatory waiting periods haven’t changed: 30 days for personal property (like bank accounts and cars) and 6 months for real estate. ⏳

⚠️ Important caveat: If your family needs to sell a home or property quickly to cover expenses or manage the estate, waiting 6 months can be a major hurdle. In those cases, traditional probate might actually be the preferred method to gain the legal authority to sell sooner.

Questions about how these new limits affect your plan? Schedule a complimentary phone consult at www.lymanlawaz.com.

12/24/2021

HAPPY HOLIDAYS!! -

08/11/2021

Advance Planning can help avoid these problems with guardianships.

The news about Britney Spears’ battle with her father Jamie to end his guardianship has garnered its fair share of headlines. But Britney’s high profile gua

06/28/2021

A recent court case involving a power of attorney demonstrates the problem with using online estate planning forms instead of hiring an attorney who can make sure your documents are tailored to your needs.

Mercedes Goosley owned a home in Pennsylvania. In 2013, she named one of her six children, Joseph, as her agent under a power of attorney using a boilerplate form that Joseph downloaded from the internet. Unbeknownst to Joseph, the power of attorney required Mercedes to be declared incompetent for Joseph to act as her agent.

Powers of attorney can be either immediate or springing. An “immediate” power of attorney takes effect as soon as it is signed, while a "springing" power of attorney only takes effect when the principal becomes incapacitated. The problem is that springing powers of attorney create a hurdle in order for the agent to use the document. When presented with a springing power of attorney, a financial institution will require proof that the incapacity has occurred, often in the form of a letter from a doctor.

In this case, Joseph began acting for Mercedes without getting a declaration of her incompetency. After she moved into a nursing home, Joseph listed her home for sale and accepted a purchase offer as agent for his mother under the power of attorney. At the time, Joseph’s brother, William, was living in the home, and Joseph instructed William to move out. This resulted in a dispute that ended up in court, with William arguing that Joseph did not have authority to act as his mother’s agent. A Pennsylvania appeals court eventually determined that Mercedes had intended to execute an immediate power of attorney as evidenced by the fact that Joseph had held himself out as Mercedes’ agent since 2013 and routinely conducted affairs on her behalf without Mercedes restricting or objecting to his agency.

While the court ultimately ruled in Joseph's favor, Joseph and Mercedes could have saved time and money by consulting with an attorney before signing the power of attorney. An attorney would have been able to explain the difference between an immediate and springing power of attorney and tailor the power of attorney to Mercedes’ needs. Talk with your attorney before creating any estate planning documents.

To read the court’s decision in the case Stecker, et al v. v. Goosley, et al (Pa. Super. Ct., No. 1266 EDA 2020, April 15, 2021), click here.

01/22/2021

Parents want their children to be taken care of after they die. But children with disabilities have increased financial and care needs, so ensuring their long-term welfare can be tricky. Proper planning by parents is necessary to benefit the child with a disability, including an adult child, as well as assist any siblings who may be left with the caretaking responsibility.

Special Needs Trusts
The best and most comprehensive option to protect a loved one is to set up a special needs trust (also called a supplemental needs trust). These trusts allow beneficiaries to receive inheritances, gifts, lawsuit settlements, or other funds and yet not lose their eligibility for certain government programs, such as Medicaid and Supplemental Security Income (SSI). The trusts are drafted so that the funds will not be considered to belong to the beneficiaries in determining their eligibility for public benefits.

There are three main types of special needs trusts:

A first-party trust is designed to hold a beneficiary's own assets. While the beneficiary is living, the funds in the trust are used for the beneficiary's benefit, and when the beneficiary dies, any assets remaining in the trust are used to reimburse the government for the cost of medical care. These trusts are especially useful for beneficiaries who are receiving Medicaid, SSI or other needs-based benefits and come into large amounts of money, because the trust allows the beneficiaries to retain their benefits while still being able to use their own funds when necessary.

The third-party special needs trust is most often used by parents and other family members to assist a person with special needs. These trusts can hold any kind of asset imaginable belonging to the family member or other individual, including a house, stocks and bonds, and other types of investments. The third-party trust functions like a first-party special needs trust in that the assets held in the trust do not affect a beneficiary's access to benefits and the funds can be used to pay for the beneficiary's supplemental needs beyond those covered by government benefits. But a third-party special needs trust does not contain the "payback" provision found in first-party trusts. This means that when the beneficiary with special needs dies, any funds remaining in the trust can pass to other family members, or to charity, without having to be used to reimburse the government.

A pooled trust is an alternative to the first-party special needs trust. Essentially, a charity sets up these trusts that allow beneficiaries to pool their resources with those of other trust beneficiaries for investment purposes, while still maintaining separate accounts for each beneficiary's needs. When the beneficiary dies, the funds remaining in the account reimburse the government for care, but a portion also goes towards the non-profit organization responsible for managing the trust.

Life Insurance
Not everyone has a large chunk of money that can be left to a special needs trust, so life insurance can be an essential tool. If you've established a special needs trust, a life insurance policy can pay directly into it, and it does not have to go through probate or be subject to estate tax. Be sure to review the beneficiary designation to make sure it names the trust, not the child. You should make sure you have enough insurance to pay for your child's care long after you are gone. Without proper funding, the burden of care may fall on siblings or other family members. Using a life insurance policy will also guarantee future funding for the trust while keeping the parents' estate intact for other family members. When looking for life insurance, consider a second-to-die policy. This type of policy only pays out after the second parent dies, and it has the benefit of lower premiums than regular life insurance policies.

ABLE Account
An Achieving a Better Life Experience (ABLE) account allows people with disabilities who became disabled before they turned 26 to set aside up to $15,000 a year in tax-free savings accounts without affecting their eligibility for government benefits. This money can come from the individual with the disability or anyone else who may wish to give him money.

Created by Congress in 2014 and modeled on 529 savings plans for higher education, these accounts can be used to pay for qualifying expenses of the account beneficiary, such as the costs of treating the disability or for education, housing and health care, among other things. ABLE account programs have been rolling out on a state-by-state basis, but even if your state does not yet have its own program, many state programs allow out-of-state beneficiaries to open accounts. (For a directory of state programs, click here.)

Although it may be easy to set up an ABLE account, there are many hidden pitfalls associated with spending the funds in the accounts, both for the beneficiary and for her family members. In addition, ABLE accounts canno...