Legal Question in Wills and Trusts in Arizona

My wife and I are trying to set up a living trust for our estate planning. We have two minor children. Can/should I use a 'Quitclaim deed' to transfer the property to the 'living trust', or does this have to be done through a more formal deed transfer process? Also, we would like insurance money/retirement monies to become part of the trust - but the trust is not the beneficiary for these accounts. Is it sufficient to leave instructions for the trustee to move part/all of these assets to the trust?


Asked on 12/19/09, 8:07 am

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

You could use a quitclaim deed, I use a form of trust transfer deed and state that the conveyance is exempt from tax because it is exempt under state statute. With your insurance policies and retirement accounts, you can designate the trust as the beneficiary and you would use the forms provided by the companies involved. Your trustee doesn't have legal authority to fund the trust with assets not in the trust.

You should be very careful in what you do. Without the expertise in estate planning, doing it yourself can get you in trouble. You don't know the questions to ask and generally, planning forms do not contemplate what happens if you are incapacitated, but don't die. These are the cases where abuse and exploitation takes place, because the estate and individual protection was not established properly.

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Answered on 12/24/09, 3:33 pm


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