When planning for the future, one of the most important decisions Arizona residents must make is how to distribute their assets after death. Two of the most common estate planning tools are wills and trusts—each serving distinct legal and practical purposes. At the Law Office of J. Marc Montijo, Ltd., we help individuals and families in Tucson navigate these choices to create a plan that fits their unique needs.

What Is a Will?

A will, also known as a last will and testament, is a legal document that outlines how your property and assets should be distributed after your death. It can also designate guardians for minor children and an executor to carry out your wishes.

Key Features of a Will in Arizona:

• Goes through probate: Wills must be validated in court, a process known as probate, which can be time-consuming and public.
• Effective after death: A will has no legal power until the person who created it (the testator) passes away.
• Can be contested: Family members or other parties may challenge the validity of a will during probate.

What Is a Trust?

A trust is a legal arrangement where a trustee holds and manages assets on behalf of a beneficiary. Trusts can be structured to take effect during your lifetime (living trust) or after death (testamentary trust).

Key Features of a Trust in Arizona:

• Avoids probate: Assets in a living trust pass directly to beneficiaries without court involvement, offering privacy and efficiency.
• Effective immediately: A living trust can manage assets during your life, particularly useful if you become incapacitated.
• Can be revocable or irrevocable: Revocable trusts can be changed or canceled; irrevocable trusts generally cannot.

For many individuals, a comprehensive estate plan includes both a will and a trust to ensure that all assets are protected and distributed according to their wishes.

Work with a Tucson Estate Planning Attorney

At the Law Office of J. Marc Montijo, Ltd., we are committed to helping the Tucson community make informed decisions about their estate plans. Whether you're starting from scratch or updating an existing plan, we can guide you through the process and ensure your assets and loved ones are protected.