1. Proposed Arizona Bill Titled: “Death with Dignity Act of 2018”

    Our state has just finished the first two weeks of the 2018 legislative session.  So far, in 2018, there have been 726 bills introduced.  One that stood out to me, because of my area of practice, was HB 2102, affecting ARS Title 36.  The bill relates to end of life decisions for the terminally ill and carries the proposed short title “Death with Dignity Act of 2018.” Representative Pamela P…Read More

  2. 2018 Tax Reform Update and Your Estate Plan

    The well-publicized road to tax reform was subject to major speculation, studied prediction, and the expected points of debate.  Our tax code has not seen significant change since 1986.  The changes enacted with passage of the Tax Cuts and Jobs Act (“Act”) are a departure from both the previous GOP proposal (“A Better Way” – released in June 2016) and the Trump administration’s initi…Read More

  3. 2018 Income and Resource Limits for Arizona Long Term Care System (ALTCS)

      The table below provides a quick reference to allow individuals to determine if they are immediately financially eligible for long term care benefits via the Arizona Long Term Care System (ALTCS) program in Arizona. IMPORTANT, not meeting all the financial criteria below does not mean one cannot become eligible. We can help you to plan to meet financial criteria to qualify for benefits to p…Read More

  4. Are Your Children Older Than You?

    When does the adult child become the “parent”?  This concept of a role reversal of the adult child/parent relationship most often plays out during the parents’ older age when responsibility is dramatically shifted, when dependency is reversed.  At the beginning of childhood, the older person takes care and charge of their young; but at the end of parental lives, the young may need to take …Read More

  5. Red Flags to Watch For During the Holiday Visits with Seniors and Caregiver To-Do List

      Many families live apart, which means that a significant number of family caregivers rely on telephone conversations and check-ins by other closer-living relatives and friends. The holidays are often the only opportunity to observe a senior loved one in person, so it is important to pay close attention to their physical and mental health and living situation. It is also a great opportunity to b…Read More

  6. Why Are There So Many People Involved In A Guardianship Proceeding?

    Becoming the legal guardian and/or conservator of an incapacitated adult in Arizona is quite a process, typically spanning a minimum of two months initial court process, with yearly filing requirements after the Court appoints the guardian or conservator. Upon filing a Petition to become a guardian or conservator, the Court will appoint an attorney to represent the incapacitated adult and vocalize…Read More

  7. How Should I Title My Out of State Property When I Have a Trust?

    Q: Can I title my vacation home located in Cape Cod, Massachusetts into my Arizona Trust? A: Certainly!  Provided you have a Revocable  Trust, you can (and should) title all real property to that Trust. For simplicity purposes, a Revocable Living Trust is like a bucket.  The terms of this Trust contain instructions regarding its post-death administration.  Further, any asset that you have titl…Read More

  8. How Do I Protect My Children’s Inheritance?

    Q:  I want to leave my estate to my son and daughter, but I’m afraid my son is not financially responsible and will squander the money and even though my daughter is financially responsible, I’m concerned her husband may gain rights over her inheritance.  How can I protect this? A: This is not an unusual concern.  You’ve worked hard to amass your estate and your reservations are legitimat…Read More

  9. The Holiday Season – A Time for Cheer, Festivities, and an Estate Plan Review!

    It is hard to believe that 2017 is almost over!  As we get ready to embark on the holiday season, all of us at Bivens and Associates, PLLC hope you enjoy spending time with your loved ones.  But we would be remiss if we did not also point out this is the perfect time of year to review and update your estate planning documents, and talk to your family about your intentions. While those near and d…Read More