Serving Arizona in
Glendale/Phoenix, Tucson & Bisbee
Since 2009
Areas of Practice for Copeland Law Offices
Copeland Law Offices focuses on providing estate planning, probate, and trust administration advice and services.
An estate plan is much more than a document disposing of property upon death. A quality estate plan anticipates and accommodates the unexpected such as incapacity, physical and mental health complications, and challenges involving family relationships. In preparing your estate plan, we work with you to implement your wishes regarding (among other things) management of your assets and healthcare in the event of incapacity, direction for physicians and others for end-of-life care, and designation of guardians or conservators for minor children. We provide guidance in minimizing family friction, avoiding conflict and contests, and facilitating efficient administration of your estate when the time comes.
A comprehensive estate plan may include the following:
Durable Power of Attorney appoints another person to stand in your shoes regarding all of your assets and financial obligations in the event of your incapacity. It grants the other person extensive powers and requires careful consideration to appoint a very trustworthy individual.
Healthcare Power of Attorney appoints another person to make health care decisions for you when you are unable to make those decisions for yourself, which may include decisions regarding continuation of life-preserving medical procedures. It also provides instructions regarding organ donation and burial or cremation arrangements.
Living Will (not to be confused with a Last Will and Testament) provides guidance to family and healthcare professionals regarding end-of-life care if you are in a terminal condition, a persistent vegetative state, or an irreversible coma. It describes the types of care and interventions you do or do not want.
Last Will and Testament controls the distribution of your assets upon your death. It names a personal representative (sometimes called an executor), guardians for minors if necessary, and grants powers to the personal representative to effectively administer your estate, resolve any creditor claims, and distribute your assets according to your wishes.
Revocable Living Trust, in conjunction with a Last Will and Testament, controls your assets during your lifetime (including in the event of incapacity) and after your death. It provides maximum flexibility, privacy and protection for beneficiaries and may be a good choice for blended families, families with complex relationships or special needs, and individuals or couples who own real estate in multiple states. Unlike a Last Will and Testament, a Revocable Living Trust requires proper funding and re-titling of assets including ongoing “care and feeding” in order to properly maintain trust assets to accomplish your estate planning goals.
Beneficiary Deed provides a non-probate means of transferring real property upon your death. Although deceptively simple, there are many pitfalls which, unless avoided, can invalidate the deed, generate ambiguities and complex title problems, and otherwise cause conflict.
Probate and trust administration are somewhat similar administrative procedures dealing with the collection, management, and distribution of assets to heirs or beneficiaries after someone dies. We provide legal advice and services to Personal Representatives (Executors) and Trustees to fulfill their duties and obligations to heirs and beneficiaries, including duties imposed under Arizona law. We also provide legal advice and services to heirs and beneficiaries regarding their rights of inheritance and related issues. We strive to work efficiently and compassionately with survivors to help settle the affairs of families and other loved ones during a difficult time.
Probate is a form of court proceeding to transfer a deceased person’s assets after death. Most probate proceedings occur without much court involvement and with little or no dramatic contests or family infighting. Arizona is a relatively “probate friendly” state and provides “informal” probate procedures for qualifying estates. Probate involves collecting and inventorying assets of the estate, resolving creditor claims, and distributing assets per the wishes of the deceased person (if there is a Will) or by statute (if there is no Will). Probate proceedings deal only with those assets that were titled in the deceased person’s individual name at the time of death. Assets with beneficiary designations (most commonly insurance policies or retirement, bank, or investment accounts) or titled in a trust are not subject to probate. Probate proceedings are sometimes necessary when beneficiary designations were not made or are invalid (such as a deceased beneficiary), or when assets were not properly titled in a trust.
Personal Representatives (historically referred to as Executors) are legally responsible for administering the estate including gathering all of the deceased person’s assets, making sure that all debts are paid from those assets (or otherwise resolved), and distributing the remaining assets in accordance with the terms of the Will or, if there is no Will, Arizona’s intestacy statutes. We work directly with the Personal Representative to obtain court appointment as Personal Representative, to comply with all statutory notice requirements; to collect, value, and manage estate assets; to prepare any estate inventories; to evaluate, negotiate and resolve creditor claims or other obligations of the estate; to prepare any required accountings; to coordinate preparation of any tax returns and to retain and manage other professional services such as realtors or estate management services; to distribute the assets of the estate; and to conclude duties and obligations as Personal Representative including obtaining release of the Personal Representative either directly from distributees or by court order. If necessary, we also represent the Personal Representative in connection with litigation or threatened litigation by or against the estate such as will contests and other such disputes.
Trust Administration (or Trust Settlement) is similar to the probate process but usually does not require court proceedings. Like probate, trust administration involves collecting and inventorying assets of the trust, resolving creditor claims, and distributing assets per the wishes of the deceased person as set forth in the trust. Trustees, like Personal Representatives, are legally responsible for administering the trust including gathering trust assets, making sure that all debts are paid (or otherwise resolved), and distributing the remaining assets in accordance with the terms of the trust. Even when there is a trust, probate proceedings are sometimes necessary to bring assets into the trust for administration according to the terms of the trust. We work directly with the Trustee to document the Trustee’s appointment and acceptance of duties as Trustee, to comply with all statutory notice requirements to trust beneficiaries; to collect, value, and manage trust assets; to prepare any trust inventories; to evaluate, negotiate and resolve creditor claims or other obligations of the deceased person or the trust; to prepare any required accountings; to coordinate preparation of any tax returns and to retain and manage other professional services such as realtors or estate management services; to distribute the assets of the trust; and conclude duties and obligations as Trustee and obtain any releases from trust beneficiaries. If necessary, we also represent the Trustee in connection with litigation or threatened litigation by or against the trust.
Professional fiduciaries licensed by the Arizona Supreme Court and Administrative Office of the Courts (AOC) manage the financial affairs, medical decisions, and other vital matters for individuals. Licensed fiduciary serve by private agreement as (for example) trustees, representative payees for Social Security income or other income benefit plans, or as agents under powers of attorney. Licensed fiduciaries also serve by court appointment as guardians for incapacitated persons, conservators for persons whose assets require protection, and personal representatives for the administration of decedents’ estates.
Heather L. Fish is a private, Arizona licensed fiduciary. For more about licensed fiduciary services provided by Heather L. Fish, please visit
https://heatherlfishpllc.com/
When co-owners of real property who are not married to each other disagree about the use, management, or disposition of the property, Arizona law provides a mechanism for dividing (essentially subdividing) the property or—much more commonly—forcing sale of the property under supervision of the court. These court proceedings are known as “Partition Actions” and are available not only to direct owners of real property, but also to holders of any interest in the real property, such as beneficiaries of a trust where a trustee holds title to the real property. These situations most commonly arise between unmarried couples, families, or business partners, and also commonly occur when deaths of one or more prior owners result in co-ownership by multiple heirs.
In those instances where the real property can be subdivided, the court will hold a hearing to determine the shares or interests of the owners or claimants, and will appoint commissioners whose responsibility is to propose a fair division of the property, with surveys if appropriate, and report back to the court. However, the vast majority of Partition Actions involve developed commercial or residential property that cannot be physically divided. In those cases, the court will appoint a commissioner (a licensed real estate agent) to list and sell the property with the net sale proceeds deposited into court. The court will then hold hearings and will decide how the sale proceeds are to be divided among the owners or claimants.
We advise and assist clients in navigating these disputes and, if necessary, litigating partition actions to obtain a court order subdividing jointly owned property, or directing listing and sale of jointly owned property to include court-ordered division of sale proceeds.
A “Quiet Title Action” is a type of legal proceeding used to determine ownership of a property. It can be used to resolve disputes between claimants over property ownership or to clear liens or other “clouds” on title such as errors on recorded documents or community property interests that have not been properly disclaimed. These “clouds” on title are commonly discovered during the process of obtaining title insurance in conjunction with the sale of a property. Some types of Quiet Title Actions are uncontested, which means that the process results in a judgment by default extinguishing any interests or claims creating a “cloud” on title. Other types of Quiet Title Actions involve direct competing interests, and can involve other underlying claims such as breach of contract, fraud, or probate-related matters.
Title issues can be complex, but sometimes are resolvable without necessity of filing a Quiet Title Action, and some issues may be covered by title insurance policies. We advise and assist clients in evaluating and resolving title issues including, if necessary, litigating Quiet Title Actions to obtain judgment establishing clear title.
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