Probate & Estate Planning

1.       What is an Arizona Home Equity Protection Trust?An Arizona home equity protection trust (“HEPT”) is an irrevocable trust designed to shield your home equity from future and unknown judgment creditors.  If your primary residence is high in value, and you have accumulated substantial home equity, then your home may become a prime target when someone accuses you of wrongdoing (whether legitimate or fraudulent).  You may already know that Arizona law protects up to $425,200 of home equity in a primary residence automatically (the “homestead exemption”), but homeowners with more home equity than provided by the homestead exemption should
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Summary:  Arizona law permits higher value assets to avoid probate using affidavits.In 2025, the Arizona legislature amended A.R.S. 14-3971, which increases the maximum value of real estate and personal property that may be transferred using a small estate affidavit after the death of the property owner.  Effective June 30, 2025, an heir or successor to real property may take ownership by filing an Affidavit for Transfer of Title of Real Property with the local probate court; provided, however, the deceased owner’s net equity does not exceed $300,000 (was $100,000).  Also effective June 30, 2025, an heir or successor to personal
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“Macho Man” Randy Savage (Randall Mario Poffo), the larger than life WWE wrestler, died on May 20, 2011, in Seminole, Florida, leaving behind a sizable estate and apparently a detailed estate plan. His estate was administered in Pinellas County, Florida. Court filings confirm that a petition for probate was filed shortly after his death, and the court appointed a personal representative to handle the estate.
Reportedly, Savage had executed estate planning documents prior to his death – including creating the “Randy M. Poffo Trust” in August 2010 (13300 Indian Rocks Road, Largo, FL 33774 | Public Property Record) – which
Continue Reading Estate of “Macho Man” Randy Savage – A Glimpse Into a Celebrity Estate Plan

Case Summary: Estate of Magdalena Rios De Dominguez v. Renee Kay Dominguez (CV-24-0102-PR)
In a significant April 2025 ruling, the Arizona Supreme Court clarified that a facially valid forged deed can trigger the five-year statute of limitations under A.R.S. § 12-524 to quiet title. This case, Estate of Magdalena Rios De Dominguez v. Renee Kay Dominguez, arose from a family dispute over the ownership of a vacant Maricopa County lot. Magdalena, the mother-in-law of Renee, alleged that a 2003 deed purporting to convey the property to Renee and her late husband was forged.
However, because the deed was facially valid
Continue Reading Arizona Supreme Court Holds Forged Deed Can Trigger Quiet Title Statute of Limitation

The Maricopa County Superior Court’s Probate and Mental Health Division held its quarterly Bench/Bar Conference on April 15, 2025, continuing its commitment to foster open dialogue and collaboration between the Maricopa County probate, trust and estate bench and bar. These meetings are a key opportunity for legal professionals in the probate field to receive updates, share concerns, and participate in shaping the future of probate proceedings in Maricopa County Superior Court.  The meeting was led by Hon. Commissioner Vanessa Smith.
Key Takeaways from the April 2025 Session
While the discussions ranged widely, the main highlights included:

    • Appointment Procedures: Practitioners should


Continue Reading Connecting the Probate Legal Community: Highlights from the April 2025 Bench/Bar Conference

In contrast to a prenuptial agreement, which stakes out each spouse’s position in case of divorce, premarital estate planning blend the spouses’ separate property into a financial union.

By

Ryan Scharber

When Michael and Jessica, a 40-something engaged couple, made an appointment for premarital estate planning, we assumed (OK,

I

assumed) that they would want to create a

prenuptial agreement

.

Wrong assumption. The couple made clear from the beginning of our meeting that they wanted nothing to do with a traditional prenuptial (or premarital) agreement, which they viewed as a divisive “what’s mine is mine” step in planning for
Continue Reading Premarital Estate Planning: When Marriage Is a Merger

Frazer Ryan Goldberg & Arnold, LLP, a leading Arizona based law firm, is pleased to announce that Afsanieh Rassti has been elected as a Partner of the Firm. “Afsanieh has consistently demonstrated the legal skills, professionalism, and commitment to top quality client service that make her an ideal fit for partnership […]
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“There is always a loose end.”  “Everybody has a secret they don’t want you to find. Find it!”  Rankin Fitch (by Gene Hackman), Runaway Jury.
Oddly enough, in estate litigation, that “loose end” or “secret” is often a person’s true wishes for how to distribute their property on death.  Consider, for instance, the peculiar circumstances reportedly surrounding actor Gene Hackman’s estate plan.  Executed in 2005, Hackman’s will named only his wife, Betsy Arakawa, as sole beneficiary and personal representative, completely omitting his three adult children, Christopher, Elizabeth, and Leslie, from a prior marriage. Complicating matters further, Hackman and Arakawa passed away
Continue Reading Secrets and Scrutiny: What Estate Litigators Might Investigate About Gene Hackman’s Estate

Frazer Ryan Goldberg & Arnold, LLP, a leading Arizona-based law firm, is pleased to announce that the Firm has been voted as a top law firm in five Ranking Arizona: The Best of Arizona Business categories in the 2025 issue. The Firm was voted #1 in the Tax Law category for the […]
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Kent and his brother’s new business venture, PURE Pickleball & Padel, has announced a groundbreaking partnership with HonorHealth, one of Arizona’s leading nonprofit healthcare systems, to integrate elite sports medicine services into our upcoming world-class facility in Scottsdale! Under a multi-year agreement, HonorHealth will serve as PURE’s exclusive health and wellness partner, offering state-of-the-art medical and recovery services to support the growing pickleball community. The collaboration includes a 3,000-square-foot sports performance and recovery center, providing first aid, athletic training, injury prevention, and rehabilitation programs for members and visitors​​.
The PURE facility, developed in partnership with Caliber, is set to
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The Firm is being recognized in the “medium law firm of the year finalist” category. An awards ceremony will be held on March 27, 2025, at Chateau Luxe. The online article can be found here. The digital magazine article can be found on page #62 here.
The post Frazer Ryan Goldberg & Arnold Recognized by Az Business magazine’s Excellence in Law Awards appeared first on Frazer Ryan Goldberg & Arnold, LLP.
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Whether the result of legislation or voter approval, a number of new state laws and more have recently become effective.

In Arizona, new state laws can be created in two ways: as the result of a bill that passes both houses of the legislature and is signed by the governor, or by voter approval of an

initiative

(initiated by the public via petition) or a

referendum

(referred to the voters by the legislature). While laws can be passed by the legislature or by voters, a state constitutional amendment can be approved only by public vote.

Following is a short list
Continue Reading New Arizona laws: a short list of legal and tax issues now in effect

In early January 2025, music industry veteran and former MTV host Matt Pinfield experienced a massive stroke that left him in a precarious state of health. According to news reports, Pinfield’s daughter, Jessica, responded by filing for a temporary conservatorship, citing worries about his ability to manage both his medical and financial affairs. While the specifics of Pinfield’s condition and the legal details of his case may continue to unfold, his story underscores just how vital it is for families to be prepared when a loved one suddenly becomes incapacitated.
Why Pinfield’s Situation Is Important
Pinfield’s case highlights the often
Continue Reading Matt Pinfield’s Health Crisis: A Cautionary Tale for Families Facing Emergency Conservatorship

On February 17, 2025, the U.S. District Court for the Eastern District of Texas granted a Department of Justice request for a stay of the court’s nationwide injunction which had temporarily blocked the enforcement of the Corporate Transparency Act (“CTA”) and its reporting rule (“Reporting Rule”). This ruling effectively revives, again, the requirement for reporting companies to disclose beneficial ownership information to the Financial Crimes Enforcement Network (FinCEN).
FinCEN’s Response
In response to the court’s ruling, the US Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) posted an alert on its website on February 18, 2025. The alert states
Continue Reading CTA Compliance Update #4 – Texas Court Lifts Injunction

New Scottsdale client engaged DeAngelis Legal to assist with changes to her estate plan, which included an irrevocable trust.  The joint trust created with her deceased husband contained provisions dividing the trust principal into a Survivor’s Trust and a Family Trust, with the later being irrevocable. After reviewing her alternatives, DeAngelis Legal prepared a Non-judicial Settlement Agreement between the surviving spouse and her adult children, allocating 100% of the trust principal to the Survivor’s Trust and then amending the Survivor’s Trust to incorporate her desired changes.
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Scottsdale couple with young children desired to update their simple estate plan.  DeAngelis Legal worked with the couple to review their objectives and provide alternatives and prepared draft documents to create a revocable trust and new wills, update the agents under their financial and healthcare powers of attorney.  We also assisted them on how to properly fund their new trust.  Nice to see a young couple spend the time and energy on getting their estate plan right in the event of an untimely death or incapacity.
The post January 2025, Simple Estate Plan Update appeared first on DeAngelis Legal.
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