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    Kinghorn Heritage Law Group, PLC

    Tucson Estate Planning Attorneys

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    Home / Archives for General

    What is the Cost of Dying?

    October 27, 2017Estate Planning, General

    cost of dying, asset protection

    You’ve worked hard your whole life and are enjoying your retirement. Your financial planner and Tucson estate planning attorney have worked together to ensure you have living expenses covered by pensions and retirement investments, and when the time comes, you’re able to afford the cost of dying to pay medical and funeral expenses. Cost of Dying and Cost of Living Not surprising, the cost of dying in each state is in direct correlation to the cost of living. For example, Mississippi is the … [Read more...] about What is the Cost of Dying?

    Disaster Preparedness: What would you take?

    October 3, 2017General

    disaster preparedness

    This summer brought a number of disasters from the Burro Fire in the Santa Catalina Mountains east of Tucson to the Tonto National Forest wildfires, and most recently the devastating hurricanes in Texas, Florida, and Puerto Rico and earthquakes in Mexico. It’s made us take a step back and ask ourselves, “What would you take with you in case of disaster?” Many times evacuations take place in what feels like a moment’s notice - days, hours, or even minutes depending on how a fire or storm moves … [Read more...] about Disaster Preparedness: What would you take?

    We Thought You Need to Know: IRS No Longer Accepts Checks over $100 Million

    December 28, 2016General

    I just received an email letting me know that the IRS will no longer accept checks for more than $100 million beginning in 2017. While I doubt this will affect many Americans (the IRS received only 14 checks of this size in 2015), this was just one of the many updates the attorneys at Kinghorn Law receive on a weekly basis. As members of the American Academy of Estate Planning Attorneys and the National Academy of Elder Law Attorneys, we receive updates every time a law affecting our clients … [Read more...] about We Thought You Need to Know: IRS No Longer Accepts Checks over $100 Million

    Should I hold my property as joint tenants with my children?

    August 1, 2016General

    Often, parents think the easiest way to pass assets to their children is to simply add the children onto their deed or bank account. “I know this avoids probate because it’s how my parents did their estate plan.” No one wants to go through the public probate process, but not all methods are best for transferring ownership. So why don’t we recommend joint tenancy with children for estate planning purposes? The transfer could trigger gift tax that would otherwise be avoided with an … [Read more...] about Should I hold my property as joint tenants with my children?

    Saying Goodbye To A Legend

    July 11, 2016General

    Growing up in a basketball family, I often watched Coach Pat Summit on TV coaching her Tennessee Lady Volunteers to victory.  I remember her intimidating glare and strength as she faced adversity. Who would have thought that one of our country’s greatest coaches, a lady with such high-energy and a sharp mind, would be diagnosed with early onset dementia—Alzheimer’s Disease—at the age of 59?  She resigned from coaching the following year despite her desire to continue coaching her … [Read more...] about Saying Goodbye To A Legend

    Happy Birthday to Medicare

    June 27, 2016General

    As Medicare celebrates its 50th birthday on July 1st, there are a few important milestones to recognize. First and foremost, is that for the past 50 years, Medicare has been an important resource for those over age 65 and the disabled. Medicare now provides health insurance for nearly 55 million people, making coverage available to virtually all people over age 65. Prior to Medicare, only 65 of people in this group had health insurance. Here are a few Medicaid fun facts: President Lyndon B. … [Read more...] about Happy Birthday to Medicare

    To Trust or not to Trust?

    June 23, 2016General

    If you know me, you understand the passion I have for what I do. It is not uncommon for me to ask my friends about their estate plan and how it is working for them. My friends usually tell me they don’t have an estate plan, or ask me what plan I have in place. When I tell them about my revocable living trust, I usually receive blank stares followed by “Do I need one of those?”, “What the heck is a trust?”, “Do I have enough to have a trust?” or “When should I put a trust into place?” Before … [Read more...] about To Trust or not to Trust?

    What Is Arizona’s New Digital Assets Law?

    June 13, 2016General

    Do you struggle to keep up with the latest technology? Just when you started to understand the internet, social media, smartphones and smart-whatever showed up. Are you ready for AI—artificial intelligence—or VR—virtual reality—the next big technology that is just around the corner? And what comes after that? If you thought you could get away from all of this by dying, think again! Whether you are a technophobe or embrace the most current technology, when you pass away, someone still has to … [Read more...] about What Is Arizona’s New Digital Assets Law?

    Autistic Adult Children Require Careful and Customized Planning

    May 31, 2016General

    “If you've met one person with autism, you've met one person with autism.” -Stephen Shore For adults on the spectrum, their ability to manage their daily lives greatly varies. Each has unique needs and abilities. Routines for many on the spectrum are extremely important and a disruption of that routine can cause major setbacks in their life. So what happens when a parent dies? Such an event can be devastating when the parent is the primary caregiver. The number of children with autism … [Read more...] about Autistic Adult Children Require Careful and Customized Planning

    Sending Your Children Off to College? Don’t Forget Their POA!

    May 23, 2016General

    Congratulations to all the parents of 2016 graduates! Why am I congratulating you? You, the parents, have made it through the trying high school years of adolescence, tears and friendship drama, frustration over last minute homework projects and continual support that may have gone unrecognized! Eighteen years goes by in a blink of an eye, right? Now your child is preparing for the last summer at home before he or she heads out the door to college. Your child is preparing to spend the summer … [Read more...] about Sending Your Children Off to College? Don’t Forget Their POA!

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    In this day and age it is very rewarding and comforting to make a major decision for the long-term security of your family. Over 14 years ago we decided upon the Kinghorn Heritage Family to create our family trust. Through the years it became very evident that this decision was a major and necessary step for a secure future in an ever-changing legal climate. The Kinghorn Family has been a close friend that has always been there to serve our family.

    Gary and Velma T. Client Review September 8, 2020

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    Robert and JoAnn H. Client Review September 8, 2020

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    We enjoyed meeting all the behind-the-scenes people on your team and want to thank you for the peace of mind you’ve given us and our children.

    M.D. Client Reveiw September 8, 2020

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    What an amazing law firm, where the people I refer to them are handled as good friends, family, and confidantes.

    Eileen E. Client Review September 8, 2020

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    Thank you Allison and Kinghorn Law family for everything you have done to make our end-of-life decisions a reality and stress free. When we think of Kinghorn: trust, peace of mind, professional. Outstanding Law Firm!

    Ken and Cheryl V. Client Review September 8, 2020

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    Very satisfied with your company and staff.

    Robert and Britt O. Client Review September 8, 2020

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    When an incapacitating illness or injury happens, a lot if important decisions have to be made. Guardianship and conservatorship rules can determine who makes those decisions. If there is no incapacity plan in place made by the person who is now unable to act on his own, guardianship or conservatorship proceedings must be initiated. The process of securing guardianship or conservatorship can be a complicated one, and the person who is actually named as guardian or conservator has many ongoing responsibilities.  Involving a legal professional can be helpful and Kinghorn Law is here to provide the assistance you need. Our legal team knows the rules for securing guardianship and conservatorship and our Tucson guardianship lawyers will provide the assistance necessary to allow you to make sure a loved one is being cared for in an appropriate way.  Give us a call at (520) 529-4000 to find out more about the personalized service our firm provides and to get answers to questions you may have including:
    • What is guardianship and conservatorship?
    • When is guardianship and conservatorship needed?
    • How can a Tucson guardianship and conservatorship lawyer help?
     

    What is Guardianship And Conservatorship?

    Guardianship and conservatorship are two terms used to refer to the establishment of an important legal relationship. When a person does not have the ability to make his or her own decisions, someone must be appointed to make those decisions.  Children, for example, never have legal authority over their own decision-making process and their parents or another adult must always be a guardian for a child. When an adult is not able to make his or her own decisions, a guardian has to be appointed. It is not automatically assumed an adult cannot act on his own, as it is with children.  First, before a guardian or conservator can be appointed for an adult, a hearing must take place to determine capacity. If the court determines that a person does not have capacity to act on his own, then that person is declared a ward. A guardian is appointed to act on behalf of the ward, and to act in the ward's best interests in making decisions and managing personal affairs. The guardianship proceedings that must take place in order for a guardian or conservator to be named can be quite complicated.  Family or friends of someone who no longer has the capacity to act must actually file a petition with the court and go through formal legal proceedings. Kinghorn Law can provide help. Our legal team will assist in dealing with court paperwork and in trying to convince the court that appointing a guardian or conservator is the right course of action in a particular situation. 

    When Is Guardianship And Conservatorship Needed?

    Guardianship and conservatorship become necessary when physical or mental illness cause someone to become unable to act. An injury which renders a person incapacitated could also create a need for guardianship or conservatorship. Guardianship and conservatorship may not be needed, even in the case of incapacity, if the person who is incapacitated had made advanced plans in case he became unable to manage his own affairs. Many people create an incapacity plan because they want to spare their family the court process of having a guardian appointed.  Making an incapacity plan is also important because individuals want to choose who will act for them if they cannot act any longer, and they may also wish to avoid a delay in having a trusted person take over in managing assets and affairs when incapacity happens. If your loved one has become incapacitated, you should determine if they have a power of attorney in place naming a healthcare proxy and an agent who can make decisions for them. If powers of attorney have been created determining who will be in charge of overseeing the incapacitated person's affairs, then there will be no need for guardianship proceedings. 

    How can a Tucson Guardianship And Conservatorship Lawyer Help?  

    Kinghorn Law provides assistance in making an incapacity plan so guardianship or conservatorship won't be needed in the event an incapacitating illness or injury occurs. We also provide assistance during guardianship and conservatorship proceedings and we help those who have been named as guardians to fulfill their legal obligations in full. Give us a call at (520) 529-4000 or contact us online to speak with a Tucson guardianship and conservatorship lawyer to find out more about the services we provide and the ways we can help your family.

    Chandler V. Client Review September 8, 2020

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    Estate Planning attorneys are sometimes criticized for offering needlessly complex, 'canned' solutions. This never has been the case with Kevin. The documents he created were comprehensive when appropriate and surprisingly simple when suitable. In every case, they were individually crafted to meet our unique needs.

    Rich D. Client Review September 8, 2020

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