Plan For The Road Ahead

Estate Planning Checklist: Is Your Will & Trust Up to Date?

by | Jan 24, 2025 | Arizona Estate Planning

Life changes fast. Whether you’ve recently bought a home, welcomed a child, or entered retirement, your estate plan needs to reflect your current wishes and comply with Arizona law. An outdated will or trust can lead to unnecessary court delays, disputes, and unintended beneficiaries.

If you live in Scottsdale, Peoria, or the greater Phoenix metro area, this checklist will help you assess whether your estate plan is in good shape—or if it’s time for a legal review.

Will & Trust: Are You Protected?

  • My Will is up to date with the correct personal representative (executor).
  • My Will designates the correct beneficiaries.
  • My Will has been reviewed in the last three years to ensure compliance with Arizona law.
  • I feel confident about my Will.
  • If I have a Trust, it designates the proper beneficiaries.
  • If I have a Trust, it has been reviewed in the last three years to ensure it is up to date and still compliant with Arizona law.
  • I feel confident about my Trust.
  • If I do not have a Trust, I know exactly why I do not need one and have been advised about it by an attorney.
  • My beneficiary designations on all my assets are up to date and correct.

Why This Matters

Arizona probate laws can be complex. If your Will or Trust isn’t up to date, your assets may not be distributed as you intend. Reviewing these documents ensures your loved ones avoid court delays and unnecessary legal fees.

Real-Life Example: Why a DIY Will Can Go Wrong

Every month, we speak with families who were certain their loved one had a Will or Trust—only to find out that what they wrote down wasn’t legally valid.

We’ve also worked with clients who thought they had a valid Will, but it failed to meet Arizona’s legal requirements and couldn’t be admitted to probate. We’ve seen times where people get divorced, and the ex-spouse  is still on the will, trust, or investment accounts. The result? Heartbreaking legal battles, unnecessary court delays, and assets going to the wrong people.

Protecting your life savings and ensuring your loved ones are taken care of is too important to leave to chance. If you’re not 100% sure your estate plan is legally sound, now is the time to review it.

Durable Financial Power of Attorney: Are Your Finances Protected?

  • I have a Durable Financial Power of Attorney.
  • My Durable Financial Power of Attorney has been reviewed and updated in the last three years.
  • My Durable Financial Power of Attorney designates the correct agent.
  • I feel confident about who will manage my finances if I become unable to handle them on my own.
  • I am confident that the person I trust has the full legal authority to manage my accounts, insurance, living expenses, Social Security, pension, and other major assets if I become unable.
  • I feel confident about my Durable Financial Power of Attorney.

Why This Matters

Without a valid Power of Attorney, your family may have to go through a court process to access your accounts, which can be time-consuming and costly. Keeping this document updated ensures your trusted person can step in without legal hurdles.

Real Life Example

Imagine this other example of a DIY gone wrong is when a person’s parent had advanced dementia,, and they assumed everything was in order—only to discover that her Power of Attorney was not legally valid because it hadn’t been properly witnessed. The craziest thing is that they had bought the Power of Attorney form online from a website that people have heard of! In Arizona, powers of attorneys MUST meet certain requirements to be valid. National websites get it wrong even when you pay money for the template.

Without a valid Power of Attorney, the family had to go through a lengthy and expensive court process just to gain access to her finances and make essential decisions on her behalf. By the time they got court approval, it was too late to make the financial moves that could have protected her assets.

This is why keeping your Power of Attorney up to date and legally compliant is critical. If your POA isn’t properly executed, it might not work when you need it most. Now is the time to double-check.

Medical Power of Attorney & Advanced Directives: Is Your Healthcare Covered?

  • I have a Medical Power of Attorney.
  • I feel confident that my trusted friend or family member has the legal authority to make medical decisions for me if I become unable.
  • My Medical Power of Attorney has been reviewed and updated within the last three years.
  • My Medical Power of Attorney includes necessary authorizations like HIPAA and mental health provisions.
  • I have a Living Will, Do Not Resuscitate Order (DNR), or Advanced Directive.
  • I am confident that my choices in my Living Will, DNR, or Advanced Directive are up to date.

Why This Matters

Medical decisions can be difficult for loved ones to navigate in an emergency. Without the proper legal documents, hospitals may not follow your wishes, and your family may struggle with uncertainty. A well-drafted Medical Power of Attorney and Living Will give you control over your healthcare decisions.

Real Life Example

Here’s another example of a lack of planning gone wrong — A couple had been together for 20 years, sharing their lives as partners, but never legally married. When the man became seriously ill, his adult daughter—who never approved of the relationship—was legally in charge of his healthcare decisions because he didn’t have a Healthcare Power of Attorney in place.

The daughter moved him out of state to a facility and refused to share any details with his longtime partner. She was completely cut off—unable to visit, unable to get updates, and unable to advocate for his care.

This heartbreaking situation could have been avoided with a properly executed Healthcare Power of Attorney, ensuring that the right person—his trusted partner—was legally able to make his medical decisions.

Don’t assume your loved ones will respect your wishes. If you haven’t legally named someone to make healthcare decisions on your behalf, the law decides for you.

Why Arizona Families & Retirees Should Review Their Estate Plan Regularly

Many people create a Will or Trust and then forget about it—but life events and law changes can impact your estate plan. Here are key reasons to review your documents every three years:

  • Marriage, divorce, or a new child – Ensure your spouse, children, or stepchildren are included or removed as needed.
  • New home or business – If you’ve purchased property or started a business, ensure it’s protected within your plan.
  • Changes in Arizona law – Estate laws evolve, and compliance is key to avoiding probate headaches.
  • Beneficiary changes – Keep your designations updated to reflect current relationships.

If you’re in Scottsdale, Peoria, or anywhere in the Phoenix metro area, our estate planning attorneys can help ensure your documents are legally sound and tailored to your unique situation.

Ready for a Review? We Make Estate Planning Easy

We understand that estate planning can feel overwhelming, but we make it simple. Our firm offers:

  • Virtual and in-person appointments – Meet with us at your convenience.
  • Flat-fee pricing – No surprises, just clear, predictable costs.
  • Digital document storage – Secure access to your estate plan anytime.

Don’t wait until it’s too late—schedule your estate planning review today. Contact us to ensure your Will, Trust, and Powers of Attorney are up to date and fully compliant with Arizona law.

 

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