I endorse the Fraud Notify program administered by the Pima County Recorder office.  Fraud Notify is a simple way to help you avoid becoming a victim of property fraud.  It is a free service for the benefit of all who own property or businesses in Pima County.  Fraud Notify allows you to set up an alert for your individual or business name, and when a document is recorded with your name on it, you will be notified by email.  This gives you an early warning of potential property fraud being committed in your name.   After submitting the initial registration form online,

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

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

The new year 2025 marks the entrance of Bouman Law Firm into the A/I digital age.  I am intentionally pursuing ways to integrate the use of LawY technology into my law practice.  There is much to explore about how to use A/I for legal research and customized drafting assistance, but I am excited to begin the process.  LawY blends cutting-edge A/I technology with human expertise in a manner that I believe will continue to improve the premium experience we offer to our clients. -Tom

This brief video summarizes the mechanics of an Arizona-based asset protection trust.  Although Arizona law does not permit the use of self-settled asset protection trusts like some other states do, an Arizona resident may establish an Arizona-based irrevocable trust that provides asset protection for all parties involved.  The key to making it work is to name other people as beneficiaries of your trust, such as your spouse and/or children, while prohibiting distributions to yourself.    

I will give you a premium experience. My process will help you accomplish a very important task in a relatively brief amount of time.  I do this by asking the right questions, explaining your options in a concise manner, and then using technology to build your estate plan with the latest tools and techniques of estate planning.Estate and trust law is a very formidable beast to tame, but rest assured, I aspire to mastery of the subject matter, and you will work directly with me.    

Determine how the asset is titled:

Is there a surviving joint owner?  If yes, then simply remove the name of the deceased owner. *

Is there a named beneficiary?  If yes, then transfer the asset to the beneficiary.

Is the asset owned by a trust?  If yes, then follow the terms of the trust document.

If none of the above, then the will governs. **

 *It is a good practice to wait several months before removing the deceased owner’s name from the primary checking account in case there are payments made to the deceased owner after death. **If the will governs,

Attention business owners:  If you’re the owner of a business, you will need to file the new Beneficiary Ownership Information form (BOI).  There are exceptions, but you probably won’t qualify for any of them.  The purpose of the BOI is to help the federal government combat money laundering and other illegal activities.  You can find the form online at www.fincen.gov/boi and it’s relatively easy to complete.  It took me about 10 minutes the first time I used it for myself.  The only tricky part is needing to upload a photo image of your driver license or passport.  I already had

Exposes the parent’s assets to the child’s creditors.  If the child is sued, the child must disclose the joint account to the court and plaintiff’s attorney.  The burden falls on the child to convince a court that the child contributed nothing and that the account really belongs to the parent.  Similarly, the account would be a reportable asset if the child filed for bankruptcy.

Eliminates the fiduciary duty a child would otherwise have.  A child as joint owner has no fiduciary duty to manage the account in the best interest of the parent.  By naming the child as agent or

1.       What is an Inheritance Protection Trust?An Inheritance Protection Trust is an irrevocable trust established through a deceased person’s estate plan typically for benefit of a surviving child.  Although the term “Inheritance Protection Trust” could generally describe many types of beneficiary trusts, it usually refers to a trust established for a responsible adult beneficiary who is willing and able to manage an inheritance.  This type of trust is usually drafted to continue for the lifetime of the beneficiary (or until all assets have been spent), rather than end at a predetermined time or age of the beneficiary.     The beneficiary

The Arizona homestead exemption amount increased from $250,000 to $400,000 in 2023.  The homestead exemption, which is automatic in Arizona, is intended to protect an Arizona resident’s primary residence (“homestead”) from creditors.  But the new law includes several intricacies that make it more complex than it initially appears.  For example, the new law requires any existing judgment liens (recorded in the same county) to be paid when the homeowner either sells or refinances the residence.  The prior law stated that a homeowner with less equity than the exempt amount could still refinance a home loan without having to first pay

Your health care power of attorney may permit your agent to restrict visitation. In 2021, the Arizona legislature enacted A.R.S. 36-3211, which prescribes an assortment of rules and procedures regarding whether and how a health care agent may restrict visitation of an incapacitated person.  The law now requires a health care agent to “encourage and allow contact” between the principal (the incapacitated person) and other persons who have a significant relationship to the principal.  The health care agent may not restrict reasonable contact between the principal and any other person without prior court approval.But there is an exception, and you

Bouman Law Firm is a registered subscriber to the Arizona Healthcare Directives Registry (“AzHDR”), an online registry for secure storage and sharing of your health care power of attorney and living will declaration.   The registry was established by the Arizona Department of Health Services and is currently administered by Contexture, a nonprofit organization that provides strategic, technical, and administrative support.  Contexture includes the registry as an integrated component of the Arizona Health Information Exchange.  This gives participating Arizona health care facilities instant access to your health care directives when they are needed most.   The registry is free to Arizona