Estate planning is a process whereby we express our individual preferences for the management and disposition of our property upon our death or incapacity. As part of this process, we also have the opportunity to designate how, and by whom, important financial and health care decisions will be made in the event we are unable to make them for ourselves.

Many people mistakenly think that estate planning involves only the drafting of a will. However, estate planning can also involve financial, tax, medical and business planning components. While having a properly executed will is important, you will need other documents to fully address your estate planning needs. For example, powers of attorney are of equal or greater importance than wills because they govern important decisions regarding our health and finances while we are still alive.

For some clients, a basic will and powers of attorney may be the only documents they need. Depending on the circumstances, other clients may also require the preparation of documents such as a revocable living trust, a credit shelter or A-B trust, an irrevocable life insurance trust, or a special needs trust. Because estate planning is not a one size fits all proposition, we engage all clients in a thorough discussion of their assets and specific family circumstances to determine what exactly is needed.

The Probate Court is a place where matters relating to the administration of decedent estates are handled. The process of administering an estate through these courts is commonly referred to simply as “Probate.” The Probate Court is also responsible for hearing a variety of other matters including petitions for guardianship and/or conservatorship as well as petitions regarding the interpretation and administration of trusts. The Law Office of Brian S. Longenbaugh, P.L.C. represents Personal Representatives, Trustees and other interested parties in a variety of Probate Court matters.

Some assets, such as transfer on death accounts (TOD), 401(k) accounts, and life insurance policies, have designated beneficiaries, and may be transferred without the necessity of a probate proceeding. In certain circumstances, a decedent's property may be transferred to the person legally entitled to that property by affidavit. When appropriate, our firm can assist clients with this affidavit procedure.

Litigation is a costly, stressful, and inflexible means of resolving disputes that should be pursued only after other forms of dispute resolution have been thoroughly explored. When litigation does become necessary, Mr. Longenbaugh is a strong and experienced advocate, who is fully committed to obtaining the best possible result for his clients. The firm handles the prosecution and defense of various claims relating to trusts and decedent estates, including the following:

Lack of Trustor/Testator capacity Undue influence Breach of Fiduciary Duty Violation of the Arizona Vulnerable Adult Statute

Elder Law is an umbrella term that refers to the many legal issues that arise by virtue of one's status as a senior citizen. Among the elder law issues handled by our firm are the following: estate planning; adult guardianship and/or conservatorship; probate; trust administration; government benefits, including, Medicaid, Medicare and Social Security; and divorce. Because elder law encompasses so many different things, in certain circumstances, we may refer clients to other attorneys who have experience in matters not frequently handled by this firm.

As part of representation of our elder law clients, we frequently collaborate with other professionals including care managers, financial planners, mental health experts and CPAs.