Paul B. Bartlett P.C.

Attorneys, Appellate Practice Attorneys, Bankruptcy Law Attorneys

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Paul B. Bartlett P.C.

Premarital Agreement
Arizona law permits you to disinherit your spouse, but not completely. Upon your death, your spouse will be entitled to a package of statutory allowances from your estate, worth $37,000, or more. This means that your spouse will receive the first $37,000 from your estate, even ahead of your creditors. You can enter into a prenuptial agreement or a postnuptial agreement with your spouse to waive this right. Such agreements are strictly regulated by law; each side should be represented by legal counsel, and such agreements must be fair.

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AKA

Bartlett Paul B PC

Bartlett, Paul B, JD

B. Bartlett, Paul Attorney at Law

Other Links

http://www.tucsonelderlaw.com

https://tucsonelderlaw.com/contact.htm

Categories

Attorneys, Appellate Practice Attorneys, Bankruptcy Law Attorneys, Bankruptcy Services, Business Law Attorneys, Criminal Law Attorneys, Estate Planning Attorneys, Estate Planning, Probate, & Living Trusts, Family Law Attorneys, General Practice Attorneys, Immigration Law Attorneys, Personal Injury Law Attorneys, Real Estate Attorneys, Social Security & Disability Law Attorneys, Tax Attorneys, Trust Companies, Wills, Trusts & Estate Planning Attorneys

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Phone: (520) 750-1061

Address: 6135 E Grant Rd, Tucson, AZ 85712

Website: http://www.tucsonelderlaw.com

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Paul B. Bartlett P.C.

Premarital Agreement
Arizona law permits you to disinherit your spouse, but not completely. Upon your death, your spouse will be entitled to a package of statutory allowances from your estate, worth $37,000, or more. This means that your spouse will receive the first $37,000 from your estate, even ahead of your creditors. You can enter into a prenuptial agreement or a postnuptial agreement with your spouse to waive this right. Such agreements are strictly regulated by law; each side should be represented by legal counsel, and such agreements must be fair.
Guardianship
Court hearings in Pima County guardianship, conservatorship and probate cases are heard in Pima County Superior Court, 110 W.Congress, Tucson, Arizona 85701. The building looks like this...
Spousal Support
More ALTCS patients receive their care at home than out of their homes. The program for receiving care at home is called "HCBS" (Home and Community Based Services). When a patient resides at home on HCBS, ALTCS rules automatically increase the patient's Personal Needs Allowance to $2,901 in 2025. (See section 1203.01 of the Eligibility Policy Manual.) This means that the Miller Trust trustee can and should distribute all of the patient's income to the patient, up to $2,901. The patient can then spend the personal needs allowance money (if it accumulates it will count against the patient's resource eligibility). If Patient has a spouse, the trustee of the Miller trust must pay to the spouse the monthly spousal allowance as computed by ALTCS. Neither of these two types of allowances have any limitations on them in terms of the kind of expenditures that the patient or spouse can make with the money. All other money to be distributed by the trustee of the Miller trust must be spent on categories explicitly allowed by statute. A.R.S. §36-2934.01 Categories include: Trust Taxes, Trust Investment Fees, trustee, accounting and attorney fees related to trust administration, health insurance premiums, medically necessary expenditures, spousal maintenance, guardianship fees, living expenses for food, clothing and shelter and others.

Forgery
There was a defect in the way the Will was signed or witnessed. Examples include forgery, or the fact that the Will was witnessed by someone before the Testator signed the Will.

Real Estate Transactions
It does not have to be recorded immediately after you sign it. If your Agent has to handle a real estate transaction for you, the Power of Attorney will need to be recorded at the time of the transaction. Banking transactions and stock transactions ordinarily do not require recordation of a Power of Attorney.

Immigration Law

Citizenship and Naturalization

Personal Injury
The ABLE Act opens up a new possibility. You might be able to move your small inheritance or personal injury settlement into a new ABLE Act account, and continue your benefits uninterrupted. That way you can figure out how to spend the money over the next few months or years, rather than having to get it spent down within the next two or three weeks.
Medicaid Planning
CAUTION: a knee-jerk reaction that results in an immediate gift of the family home to others may not be the right response. These measures need to be discussed with a lawyer who regularly does ALTCS/Medicaid planning.

Trusts and Estates

Estate Planning
Probate has since taken on a wider meaning. It has become synonymous with estate administration after death. So the estate of a person dying without a will (dying "intestate") is administered in court, as well as the estate of a person dying with a will (dying "testate").
Wills
Many lawyers advise their clients that trusts are harder to contest than wills. This assertion is simply not true. There is a large body of law regarding will contests with which lawyers are very familiar. They are less familiar with the body of law that pertains to trust contests.
Trusts
A special needs trust makes it possible for a person who is receiving public benefits to receive some private benefits, too. For example, suppose that Clifford is receiving SSI. The law allows him to own no more than $2,000 in liquid resources. What if his aunt Marsha dies, leaving him $20,000.00? When Clifford receives the $20,000, he will own more assets than the law allows him to own and still keep his SSI benefits. The result will be that he will lose SSI. When he loses his SSI, he also looses his entitlement to other programs, like Medicare. If Aunt Marsha had set up a special needs trust, she could have left the same $20,000 to that special needs trust. Clifford would get some benefit from the $20,000, and Clifford would not be deprived of his SSI and his Medicare.
Power of Attorney
A Power of Attorney is a document signed by a Grantor, appointing an Agent and giving that Agent authority to carry out certain tasks for the Grantor.
Probate

Bankruptcy
Tax Law
You originally made your trust with the intention to minimize estate taxes. The trust you did to minimize estate taxes splits into two trusts upon the death of the first spouse and ties up half of the family wealth. Now the estate tax law has changed, eliminating estate taxes for most people, including you.

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