Bogutz & Gordon is a firm that realizes that estate planning is not a one-size-fits-all service, and is able to advise you on your options and make recommendations for you and your family. Our goal is to provide you with the knowledge  to make effective choices, and then implement those choices with accurate documents that meet the highest technical standards.

Basic estate planning services include preparation of Wills, Financial (General) Powers of Attorney and Medical (Health Care) Powers of Attorney, and Living Wills (Advance Directives), all of which are prepared in Arizona's very specific laws and requirements. Intermediate estate planning services include the use of an Arizona Revocable ("Living") Trust Agreement, including the transfer of assets into the name of that Trust to help avoid probe.  For married couples, a Revocable Living Trust can include an "A-B", or "Credit Shelter Trust" arrangement to minimize estate taxes for a married couple. Bogutz & Gordon is also able to advise on and prepare more advanced arrangements such as Limited Liability Companies, Family Limited Partnerships, Irrevocable Life Insurance Trusts ("ILIT's"), Special Needs Trusts, Qualified Personal Residence Trusts ("QPRT's")and Grantor Retained Annuity Trusts (GRAT's), and Incentive Trusts for continuing generations.

If all these alphabetsounds confusing and overwhelming, our job is to help you through these details for the maximum benefit of you and your family!

For more details, see our FAQ's for Estate Planning Issues.

Public Benefits Planning is a touchstone of the term of art "Elder Law", and Bogutz & Gordon is at the forefront of planning for public benefits, making sure individuals with disabilities receive appropriate benefits for which they might qualify. This includes options for qualifying for long term care assistance (ALTCS), Medicaid (AHCCCS in Arizona), Supplement Security Income (SSI), and the complex issues related to these and other programs which evaluate income and assets to determine qualification. Bogutz & Gordon can work with the government agencies in applications and continuing supervision.

One of the goals of estate planning is to try and avoid the need for court proceedings to act for an individual if he or she becomes incapacitated. However, when an individual does not have the appropriate planning documents in advance, or when certain unusual situations occur, Bogutz & Gordon is able to represent individuals seeking appointment as Guardian or Conservator in the Arizona courts, whether under the standard proceedings or in emergency situations. 

Bogutz & Gordon is able to represent fiduciaries in charge of administering a trust or an estate at an individual's death. This includes doing the work to appoint a Personal Representative in a probate proceeding, if necessary, preparing affidavits for collection in small estates, advising on trust administration, filing of appropriate tax returns (including estate tax returns in larger estate), and similar issues. Like estate planning, our goal is to determine what needs to be done in any given situation, as the actions required depend very much on the estate planning documents, the type of assets, family situation, and other similar factors. We help guide a fiduciary through the maze of post-mortem administration.  Bogutz & Gordon is also available to represent trustees and beneficiaries in Arizona courts in more unusual situations arising from trusts, including modifications or reformations, corrections, and resolving disputes, and other thorny issues that can arise. 

Bogutz & Gordon is certified with the Supreme Court of Arizona as a Certified Fiduciary, and our firm and staff are organized to serve as a full service fiduciary, including as Trustee, Personal Representative, Conservator, or Guardian, whether named directly in estate planning documents, nominated by the agreement of beneficiaries, or appointed by the court.

Additionally, whether or not we are serving as a fiduciary, our on-call care managers are able to assist clients or their family members with personal visits, care assessment, consultations with care providers and medical professionals, and other similar issues that arise in both standard and emergency situations.

For more details, see our FAQ's for Fiduciary and Care Management.

Even with the best planning, and the best intentions, disputes can arise between family members, and from the probate court.  Bogutz & Gordon represents beneficiaries, protected parties, and fiduciaries (such as Trustees, Personal Representatives, and Conservators) in litigation related to probate, estate, and trust matters in Arizona.  

These issues include, but are not limited to, exploitation of a vulnerable adult, disputes over the administration of an estate, trust, or conservatorships,  and the contests of a will or a trust.  These issues are complex and stressful, and many individuals who accept the role of Trustee or Conservator aren't aware of the very strict laws and rules which govern their actions.  The earlier an attorney advises you in these situations, or is involved in the litigation, the better.

If you are involved in any of these issues, our attorneys may be able to represent you, help guide you through the court process, and help find the most beneficial result possible.