Many people put off estate planning because they believe it is only for the wealthy or something that can wait until later in life. In reality, not having an estate plan in Arizona can create serious legal, financial, and emotional consequences for you and your loved ones—no matter your age or income level.

At the Law Office of J. Marc Montijo, Ltd., we help individuals and families in Tucson understand what happens when no estate plan is in place and how affordable, customized planning can help you stay in control of your future.

Your Assets Will Be Distributed According to Arizona Law

If you pass away without a will or trust, Arizona’s intestate succession laws determine who receives your assets. While these laws provide a default structure, they may not reflect your wishes.

Under Arizona law:

• Assets are distributed based on family relationships
• Unmarried partners, stepchildren, and close friends may receive nothing
• You lose the ability to decide who inherits specific assets

This can lead to outcomes that are very different from what you intended.

Your Family May Be Forced Into Probate Court

Without an estate plan, your loved ones will almost certainly have to go through probate court. Probate is a legal process that can be:

• Time-consuming
• Expensive
• Public
• Stressful for grieving families

Even relatively simple estates can take months—or longer—to resolve, and court fees and legal costs can significantly reduce what your heirs ultimately receive.

A Judge May Decide Who Manages Your Affairs

If you become incapacitated and do not have powers of attorney in place, a court may appoint a guardian or conservator to manage your medical and financial decisions.

This means:

• You do not get to choose who makes decisions for you
• Family members may have to go to court
• Ongoing court supervision and expenses may apply

With proper planning, you can avoid this process entirely and choose trusted individuals to act on your behalf.

Medical Decisions May Not Reflect Your Wishes

Without a medical power of attorney or advance healthcare directive:

• Doctors may rely on default legal rules
• Family members may disagree about your care
• Your end-of-life wishes may be unclear or ignored

Estate planning allows you to decide who speaks for you and how medical decisions are made if you cannot communicate them yourself.

Minor Children May Not Be Protected

If you have minor children and no estate plan:

• A judge will decide who becomes their guardian
• Your personal preferences may not be considered
• Family disputes can arise during an already difficult time

A properly drafted will allows you to name guardians and provide clear instructions for your children’s care.

Your Family May Face Unnecessary Stress and Conflict

When there is no estate plan:

• Loved ones may be left guessing about your wishes
• Disputes can arise over assets or responsibilities
• Emotional strain increases during a time of grief

A clear estate plan provides guidance, reduces confusion, and helps families move forward with confidence.

Estate Planning Is More Affordable Than You Think

One of the biggest misconceptions is that estate planning is expensive or complicated. In reality, customized estate planning can be affordable and tailored to your specific needs.

At the Law Office of J. Marc Montijo, Ltd., we offer:

• Cost-effective will and trust packages
• Customized documents—not “one-size-fits-all” forms
• Planning focused on avoiding court involvement
• Clear explanations in plain language

Take Control of Your Future Today

Estate planning is not about wealth—it’s about control, protection, and peace of mind. Without a plan, Arizona law and the court system make decisions for you.

With the right legal guidance, you can:

• Choose who manages your affairs
• Protect your loved ones
• Avoid unnecessary court involvement
• Ensure your wishes are honored

Speak With an Estate Planning Attorney in Tucson, Arizona

If you do not have an estate plan—or if your current plan needs updating—now is the time to act.

📞 Contact the Law Office of J. Marc Montijo, Ltd. at 520-317-8050 to schedule a consultation with an estate planning attorney in Tucson, Arizona.