Scottsdale, AZ asked in Estate Planning for Arizona

Q: Will a trust with specific recipients, keep property and funds to those individuals if I exclude spouses and ex's?

or will CA or AZ law grant 50% to spouse? This includes equity in home to be kept as family home and an account of $100000. Is there a safe way to avoid the 50%

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2 Lawyer Answers
Ryan K Hodges
Ryan K Hodges
Answered
  • Estate Planning Lawyer
  • Mesa, AZ
  • Licensed in Arizona

A: Gifts or devises made to a married person in AZ do not automatically become community property. They are retained as separate property unless the married person does something to compromise that status like putting the money into a joint account with the spouse. This can be avoided by keeping the funds in trust for the beneficiary. You should talk with an estate planning attorney about these issues.

Andre Lee Pennington and Nina Whitehurst agree with this answer

Andre Lee Pennington
Andre Lee Pennington
PREMIUM
Answered
  • Estate Planning Lawyer
  • Waddell, AZ
  • Licensed in Arizona

A: I agree with Ryan. You can also hold gifts in trust to prevent a spouse from gaining access or the beneficiary from commingling the funds and making them community property. An experienced estate planning attorney can assist you with a game plan that meets your goals.

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