Arizona Living Trust Portfolios
Quality Living Trust Portfolios that don't cost an arm and a leg.

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Mike On Money

August 27th, 2025. Well it’s time to add to my blog. Seems like the Covid ordeal put a damper on posting. This blog post is about disinheritance actions. I can say very honestly that this subject is one of the most controversial consulting areas in my legal documents practice. When I am hired to draft legal documents in estate planning that limit or completely disinherit a child or grandchild, my heart starts beating faster. I have had to do it a lot over my long career and it never sets well with me. However, the dictate to create terms of disinheritance for offspring does have value in the estate planning arena.

Perhaps, more and more children, grandchildren in the past few decades have gone against the wishes of their parents or grandparents and acted in ways, (including inactions as well) that did not please the estate client who after much deliberation, has come down to dictating this legal move to remind them, after the death, that there was a cost to pay for certain habits, actions, in-actions, harmfully spoken words in anger never recalled, abandonment of visiting, etc.

I hate to see the “hammer” come down this way after a client dies, but they are in charge at the time they draft and they have their reasons to restrict or eliminate certain beneficiaries, normally their own children, who they are unhappy about their lifestyle, habits, that have hurt the estate owner/s. So it is a way to remind after a death, the true cost of their actions. (or inactions) If this is something you are exploring, I have a lot of experience in drafting legal documents (Wills, Trusts) that will help carry out your wishes to disinherit someone. Smart attorneys can contest the provisions and try to prove a “senior” was not at full mental capacity when the disinheritance clauses were drafted. Or try to prove in a formal “contest” court filing they simply forgot them.

Just know, as much as I hate doing these, I have studied for years the best terms to draft so that the decision does not get amended by a Judge in a formal court contest filing. Since 2009, Arizona trust code law is pretty liberal in this area compared to other states (such as my home state of Iowa who will let a Judge disinherit you if you even get mad at a Executor or Trustee), as it takes a formal “contest” court procedure here in Arizona and an extremely clear and egregious situation in order to lose your share of an estate you were named a beneficiary (heir) of.

I close in saying the wording in Wills and Trusts will normally in most states contain language that you are to be treated as if you (and perhaps all of your offspring) are to be treated as if you pre-deceased the descendent. I tell clients that in honest frank language, (without practicing law of course), that this pretty well means you are “dead” to the parent who disinherited you and thus, not able to get any share. Leaving other siblings to redivide the money and assets amongst themselves right in front of your eyes. (legally dead, personally very much alive).

A free 15 minute conference by Zoom or in person can discuss the general legal information pertaining to drafting such a provision in your Will or Trust with me. Call me at 1-800-782-2806 or email me at mdanderson@webfsi.com

I hope and pray this blog post does not apply to you!

M.D. Anderson

Pet Peeve

Don't forget to plan for your pets you leave behind. 

Don't forget to plan for your pets you leave behind.

 

Unfortunately, your loved and cherished pets could end up being nothing more than a "Pet Peeve" to your survivors in charge of your estate. We lost a 99 year old trust portfolio client a year ago who took the steps over the years to make sure her current pets were taken care of upon her death. For over 20 years, the "Cat Lady" as she was known, took in less than perfect cat pets to nurse them back to health and then enjoy wonderful cat treats, toys, proper access doors into her home and much more.  Above all, they were loved. She died with one cat left behind and he was given the royal treatment transferring across the street to his new home under the watchful eye of his new pet guardian pre-appointed in our client's trust portfolio.

Gift money was given to the new pet guardian, including extra money for installation of a pet door and for miscellaneous costs associated with taking care of a pet. Yet most potential clients we talk to tell us they never heard of pet trusts, or pet provisions in a living trust.  Most, just never thought about the high cost of maintaining a pet with food, medical attention, shots needed as well as money set aside to let them continue in the same manner (usually quite luxurious) with beds, pet houses, and of course those pet toys!

So, if you are looking to do a new trust portfolio or want to update your current trust portfolio, keep in mind that we care about your pets, understand the bond between you and your pets and fulfill complete pet estate planning with a stand alone Pet Guardianship Legal Document, assist you in leaving gift money for your appointed pet caregiver(s) and even help draft special conditions regarding your pets to be carried out when you die. In fact, just this week, I updated a client trust portfolio and was so impressed with the single senior gentleman's typed letter regarding his loved pet dog - I laminated the two pages and tucked it into his portfolio pockets so his surviving children will see it. I won't disclose what he said, but will say the love he has for that pet poodle was remarkable and noteworthy.

Don't leave your pets behind without a good pet estate plan set up for them too. It only takes a few extra minutes to plan for your pets with us. And we don't charge a dime more for your pet legal documents and provisions to assure they don't get left behind to folks who will complain what a terrible thing you did to leave your pet(s) to their care when you die. You can stop your survivors from making a Pet Peeve out of your pet being left to them.  A little hint to avoid the post death Pet Peeve Problem - leave some $ to who you name as your pet guardian.

M.D. Anderson

Arizona Estate Planning, Pet Estate PlanningMichael AndersonFinancial Strategies, Inc.Pet Trusts, Pet Planning When You Die