OUR MISSION
Clear plans. Protected families. Simple process.
Planning for the unexpected shouldn’t be a luxury. It also should not be intimidating or complex. Our mission is to make essential planning for both incapacity and death accessible to every family. We are here to educate and empower individuals and families with easy-to-understand strategies. We guide you step-by-step through the process, offering personalized solutions that make securing your future accessible, comfortable and straightforward. Our consultations are always complimentary. We don’t charge by the hour. We spend whatever time you need to ensure that you and your loved ones are protected. As a show of appreciation and gratitude, we offer discounts to first responders, law enforcement, border patrol, active duty military and teachers and administrators.
OUR SUITE OF SERVICES
Wills & Trusts
The foundation of an estate plan, directing the use and distribution of your assets at death and during incapacity
Power of Attorney
Declare your authorized representative and grant the authority to manage your financial and legal decisions during incapacity
Advanced Healthcare Directive
Name your desired healthcare decision maker and document your healthcare wishes in the event of your incapacity
Probate
Aid in navigating the court-supervised process of settling an estate, when an individual dies without naming beneficiaries on assets
Trust Administration
Guide trustees through the steps required to settle a Trust outside of court
MEET YOUR TEAM
FREQUENTLY ASKED QUESTIONS
1. What is the difference between a Will and a Revocable Living Trust?
A Will is a legal document that says who inherits your belongings and your assets after you die and nominates someone to be in charge of handling the distribution. Will provisions are only enforceable by opening a Probate with the court.
A Trust is a relationship between the Trust creator (Trustor), the Trust manager (Trustee) and Trust beneficiaries. The trust document defines that relationship, setting out each individual’s role and responsibilities in executing and carrying out the terms of the trust.
When you set up a trust and as long as you are alive and healthy, you are the Trustor, the Trustee and the beneficiary. If you become incapacitated, you may no longer be the Trustee but you will continue to be the Trustor and the beneficiary. When you pass away, you will continue to be the Trustor but will no longer be the Trustee of the beneficiary.
2. What is Probate?
Probate is a court proceeding utilized when the owner of something dies and doesn’t name a beneficiary. It’s the process that gives someone authority to access and transfer the asset to the right person. There are varying levels of probate in Arizona, depending on the type of asset at issue, the value of the asset and whether or not the person had a Will at death.
3. If I have a Will, do I still have to go through Probate?
Yes. A Last Will and Testament is only enforceable in a Probate proceeding. A Will does not bypass Probate. Probate is only bypassed if an owner never dies or if the asset has a named beneficiary.
4. How does having a Trust avoid Probate?
When you have a Trust, the Trust is either named the owner or the beneficiary of every asset that you own (this process is called funding your Trust). Because your assets are either owned by something that will never die or have a named beneficiary, Probate is avoided. All of the assets will funnel into the Trust and then be privately distributed according to the provisions of the Trust.
5. What happens if I die without a Will or a Trust?
If you die without a Will or a Trust in place, you will have died intestate. In this scenario, the laws of Arizona are applied to determine who has legal priority to administer your estate as Personal Representative and who has the legal right to inherit your estate as your heirs. The intestacy laws of Arizona may not align with your wishes.
6. How do I know if I need an estate plan?
Anyone who is at least 18 years old needs some type of estate plan. Estate planning isn’t just about death. It also addresses who can make your health and financial decisions if you are incapacitated. Once a person turns 18, the parents no longer have automatic right to know about and be involved those decisions. Having powers of attorney in place for your young adult children is vital to be able to help them if something happens.
An estate plan grows and changes as you age, as your assets change and as your family make-up changes.
7. How do I avoid Probate?
The short answer is, name a beneficiary for everything you own, from your home, to your bank accounts, to your investment accounts, to your retirement accounts, to your vehicle. If an asset has a named beneficiary the beneficiary is automatically entitled to that asset upon the death of the owner. No court action is required. Many people believe that by putting their wishes in a Will it will avoid probate. However, a Will is for probate. If you put your wishes in a Will the only way to execute those wishes is to open a Probate. If you put your wishes in a Will and then put beneficiaries on things, no one will look at the Will because the beneficiary designations trump what the Will says.
8. Do I need an estate plan if I’m not wealthy?
“Wealthy” is relative. We don’t estate plan for the assets and wealth we’ve acquired. We estate plan for the people or charities we want to leave it to. Estate planning is about people. We look at the strengths, weaknesses and concerns surrounding each desired beneficiary and design a plan that works for each individual. Whether we utilize a trust or just named beneficiaries depends on who the individuals are.
9. Can I just use a DIY online form?
This is not an advisable course of action. When preparing the documents yourself you don’t know what you don’t know. You are just guessing about what you need based on your past experiences with other people’s estates and what your friends and family have told you. The only way to ensure that you have an estate plan that meets your needs and the needs of your loved ones is to work an knowledgeable and experienced attorney.
10. What if I don’t have anyone to leave my estate to?
This is a difficult situation. More and more individuals are finding themselves with this question. Under the law there is always someone to inherit the estate. If you don’t have a spouse or children, the law directs your estate to living parents, then living siblings, then nieces and nephews, then aunts and uncles, then cousins and on down the line. The problem is that you may not like or be close to any of these related individuals. To bypass the law’s hierarchy of inheritance, you can name public or private charities, such as university foundations, churches and charities supporting a particular causes. There are several resources available online that ttrack charity usage of funds, if you are worried your donation would go to salaries rather than the cause.
11. What if I don’t have anyone to make my financial and healthcare decisions if I’m incapacitated?
This is a concern that more and more individuals are having to address. This is often a reason that people put off preparing an estate plan. However, in truth, it is even more vital to plan if you don’t have obvious decision makers in your life because you may end up with the wrong person handling your affairs while you are incapacitated. If you truly do not have any family members or friends to fill this role, you can engage the services of a private fiduciary. A private fiduciary is an individual or business licensed, insured and regulated by the Arizona State Supreme Court to handle the health and financial affairs of an individual when there isn’t anyone else. The services come with a fee, of course.
12. What if I don’t have anyone to administer my estate when I die?
This is a concern that more and more individuals are having to address. This is often a reason that people put off preparing an estate plan. However, in truth, it is even more vital to plan if you don’t have obvious individuals to handle things after you die. If you truly do not have any family members or friends to fill this role, you can engage the services of a private fiduciary. A private fiduciary is an individual or business licensed, insured and regulated by the Arizona State Supreme Court to handle the administration of a person’s affairs after death when there isn’t anyone else. The services come with a fee, of course.
13. How often should I update my estate plan?
It is recommended that your estate plan be reviewed every 3-5 years or if there has been a major life event, such as a marriage, birth, death or move.
14. What is a Durable Power of Attorney?
A Durable Power of Attorney is a document granting another individual the authority to act on your behalf when you are unavailable or incapacitated. When the Power of Attorney is durable, it means that it continues to be valid and usable after you have been found incapacitated. A complete estate plan should contain a Durable Power of Attorney pertaining to your financial affairs, a Healthcare Power of Attorney, a Mental Healthcare Power of Attorney and a Living Will.
A Durable Power of Attorney can grant another individual immediate power to handle your financial affairs if you are unavailable. It is not tied to a finding of incapacity by a healthcare provider. If you don’t want anyone to have the power to handle your financial affairs unless or until you are found incapacitated, a Springing Durable Power of Attorney can be prepared that requires a finding of incapacity before it is usable.
15. What is a Healthcare Power of Attorney?
A Healthcare Power of Attorney is a document granting another individual the authority to make healthcare decisions on your behalf when you are unable to make or communicate healthcare decisions. The power of attorney generally instructs the doctors and your agents to make every effort to learn your wishes from you and include you in the conversation and decision making process. If you regain your ability to make and communicate healthcare decisions, your Agent’s authority recedes and you regain control.
16. What is a Mental Healthcare Power of Attorney?
A Mental Healthcare Power of Attorney is a document granting another individual the authority to act on your behalf regarding mental health issues if you are unable to make your own mental health decisions. In order for your decision maker to have the authority to act, you must be assessed and declared incapacitated by a neurologist, psychologist or psychiatrist. The powers granted to a mental healthcare agent include receiving information and viewing records pertaining specifically to mental health treatment, arranging for private psychiatric and psychological treatment, giving or withholding consent for medications and admitting you to an inpatient psychiatric facility.
17. How much does an estate plan cost?
The cost of an estate plan varies from family to family depending on the complexity of the estate and the specific needs of the beneficiaries. Elysium never charges for a consultation to find out what type of plan you need and what it will cost.
18. What is the difference between a Living Will and a Last Will and Testament?
A Living Will, sometimes also referred to as an Advance Healthcare Directive is a document that specifies the type of end-of-life care you desire. It tells your healthcare decisions maker the kind of care you want if death is imminent, you are terminally ill or you are in a coma. This document is only looked at if you are unable to make or communicate your own healthcare decisions. If you can speak for yourself then your verbal wishes guide the treatment.
A Last Will and Testament is the document used to set out your wishes for the distribution of your estate in the event a Probate is needed after you die.
19. How do I name a guardian for my children if I die?
A parent is able to nominate a guardian in their Last Will and Testament. A guardianship is the only court process that cannot be avoided even with the most in depth planning.
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OUR LOCATIONS
Chandler, Arizona
3170 S Gilbert Rd, Suite 5, Chandler,
AZ 85286
3170 S Gilbert Rd, Suite 4 & 5, Chandler,
AZ 85286
Tucson, Arizona
6760 N Oracle Rd, Suite 120A Tucson
Arizona 85704
Mesa, Arizona
4854 E Baseline Rd Suite 102,
Mesa, AZ 85206
South Jordan, Utah
1802 W South Jordan Pkway, Suite 130,
South Jordan, Utah 84095
This service is being provided by an entity that is not a traditional legal provider. This entity is owned/managed (fully or partially) by nonlawyers who are not subject to the same rules as lawyers. For more information click here.
Este servicio está siendo proporcionado por una entidad que no es una Proveedor legal tradicional. Esta entidad es propiedad / administrada (total o parcialmente) por personas que no son abogados que no están sujetas a las mismas reglas que los abogados. Para obtener más información, haga clic aquí.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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