1. 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

  2. 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

  3. 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

  4. 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

  5. Estate Planning Considerations When You Adopt

    Whether you have adopted internationally, domestically, from the foster care system or as a step-parent, now that you have a new addition to your family, you will want to make sure your estate plan takes into account your new addition(s). By law, only children who are biologically related to you, or legally adopted by you have rights to your estate.  However, you should take proactive steps to en…Read More

  6. Is Your Life Insurance Policy Valid After Age 100?

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  7. Paralympics Sept 7- 18; 7 Arizona Athletes on US Team

    The 15th Paralympics will began Sept.  7 and will end Sept. 18, 2016. More than 4,300 athletes from at least 165 countries are scheduled to compete in 20 sports. The U.S. recently announced it will bring a team of 289 athletes, the largest U.S. delegation yet. A record number of outlets are expected to broadcast the games to more than 100 countries. The Paralympic Games are a multi-sport event fo…Read More

  8. How to Avoid Personal Liability If You Serve as Personal Representative of an Estate

    If you serve as Personal Representative of an estate there are many statutes and duties you need to abide by. What happens if something goes wrong? Can you be sued not only in your capacity as Personal Representative, but also individually thereby exposing your personal assets? Depending upon the circumstances, yes, according to one recent Arizona case. Arizona law provides that unless provided in…Read More

  9. MEDICARE OPEN ENROLLMENT BEGINS OCTOBER 15

    What is the Medicare Open Enrollment Period and What Can I Change? The Medicare open enrollment period is the time when people with Medicare can switch Medicare health and prescription drug plans to better meet their needs. The Medicare open enrollment period begins on October 15 and runs through December 7. Any changes made during open enrollment are effective as of January 1, 2018. During the op…Read More

  10. Am I Responsible For Paying My Adult Special Needs Child’s Care Costs?

    Q:        I have a 47 year old child with Down Syndrome, can I be held financially responsible for paying for his care and costs of living? A:        In Arizona, no.  Arizona does not have a “filial law” where parents are financially responsible for adult children, or, conversely, where adult children are responsible for their elderly parents' long term care expenses.  Essentiall…Read More