[WSBAPT] Estate Planning Attorneys - Mesa or Apache Junction or Tempe, AZ

[hhherman2]

Hello,

 

There is nothing to prevent the husband, after the closing, from quit
claiming his interest in the property to the wife as her sole and separate
property and then she can dispose of the property in any manners she
desires. Such  a transfer would not violate a due on sale clause if there is
one, and there is no excise tax in Arizona. I speak from personal experience
as one who also divides the year between Washington and Arizona. The wife
could further deed the ppty to children reserving a life estate or TOD.
Again no violation of a due on sale clause and no excise tax.

 

Howard Herman

Herman Herman & Jolley PS

509.220.5810

 

 

 

 

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Douglas Bratt
Sent: Tuesday, February 24, 2015 7:24 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Estate Planning Attorneys - Mesa or Apache Junction or
Tempe, AZ

 

Hello All:

 

Would appreciate any recommendations out there for Estate Planning Attorneys
for Washington residents (married couple), who reside a goodly part of the
year in Arizona.  

 

They say that attorneys from Mesa, or Apache Junction or Tempe, Arizona
would be the closest to their winter home.

 

The need is for Durable Power of Attorney documents, along with Health Care
Directives that comport with Arizona law, since they are down there about
half of the year, as well as a Revocable Living Trust to hold title to a
residence that they recently purchased in Arizona.  [Interesting - this is a
second marriage for both spouses, and despite the fact that all of the money
for the house purchase came from the wife, they were told that the property
had to be titled in the name of both husband and wife. I figure transferring
the house into a Revocable Living Trust would best allow them to make clear
the understanding and agreement of both husband and wife that all proceeds
from the eventual sale of the Arizona residence (after the death of the
second-to-die) are going to be going to recipients chosen by the wife, since
it is her money that was used to purchase the house.]

 

Thank you all.

 

Best Regards,

 

Doug Bratt

 

 

Douglas J. Bratt

Lawyer

 



 

Office: (360) 213-2040 

 Fax: (360) 213-2030

 

 

 

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