Frequently Asked Questions
Clear answers to
common legal questions.
Browse general information about estate planning, trust and probate administration, and business formation. These answers are educational and are not a substitute for advice about a specific matter.
General Questions
What legal services does The Reidhead Law Group provide?
The firm assists with estate planning, wills and trusts, powers of attorney and health-care directives, trust administration, probate administration, business formation, business governance, and succession planning.
Do I need an attorney?
Not every legal matter requires an attorney. Professional guidance can help identify legal consequences, procedural duties, document problems, and options that generic forms may not address.
What should I bring to an initial appointment?
Bring any relevant wills, trusts, amendments, deeds, beneficiary information, business documents, court papers, death certificates, financial summaries, and a list of questions. Contact the office if you are unsure; missing documents should not prevent an initial discussion.
How much do legal services cost?
Fees depend on the services and complexity involved. After learning more about the matter, the office can explain the anticipated scope and fee arrangement. Certain consultations may require a fee.
Who does The Reidhead Law Group serve?
The Reidhead Law Group serves individuals, families, veterans, firefighters, Native American communities, community organizations, and business owners throughout Arizona, including Tucson, Oro Valley, Green Valley, Flagstaff, and surrounding communities. Some appointments may be available in person, by telephone, or by video conference.
Estate Planning
Do I need an estate plan if I am not wealthy?
Estate planning is not limited to large estates. It can name trusted decision-makers, provide health-care instructions, nominate guardians, reduce uncertainty, and direct how property should be handled.
What is the difference between a will and a trust?
A will generally directs property passing through the probate estate and can nominate a personal representative and guardians. A trust can hold and manage property during life and after death. The appropriate combination depends on your assets and goals.
Does a trust automatically avoid probate?
Only assets properly transferred to the trust or otherwise coordinated with the plan are generally governed by it. Assets left outside the trust may still require another transfer process.
How often should an estate plan be reviewed?
Review it after major life, family, financial, or legal changes and periodically even when nothing obvious has changed. A review can confirm that decision-makers, beneficiaries, and asset ownership still match your intentions.
Can a revocable trust be changed?
Generally, a person with legal capacity may amend or revoke a revocable trust according to its terms. Irrevocable trusts follow different rules and should be reviewed individually.
Do I still need a will if I have a trust?
Many trust-based plans also include a pour-over will to address assets not transferred to the trust and to handle matters such as guardian nominations.
What is a durable financial power of attorney?
It authorizes a selected agent to handle specified financial and legal matters. The document’s language determines the powers granted and when they may be exercised.
What is a health care power of attorney?
It identifies an agent who may make health-care decisions when the principal cannot make or communicate those decisions, subject to the document and applicable law.
What is a living will?
A living will records instructions about certain end-of-life care. It works alongside other health-care planning documents and helps guide agents and medical providers.
What happens if I die without a will?
Arizona intestacy law determines who receives probate property when there is no valid will. Nonprobate property may pass through beneficiary designations, joint ownership, trusts, or other arrangements.
Can an estate plan provide for minor children or a beneficiary with special needs?
Planning can nominate guardians and create instructions for managing inheritances. Special-needs planning requires careful coordination so distributions do not unintentionally interfere with benefits or protections.
Trust & Probate Administration
What is the difference between trust administration and probate?
Trust administration generally concerns property governed by a trust and often proceeds without routine court supervision. Probate is a court process for administering property in a decedent’s probate estate.
Is probate always required?
No. The answer depends on what property exists, how it is titled, beneficiary designations, trust ownership, and whether another transfer procedure is available.
What does a successor trustee do?
A successor trustee may need to secure assets, review the trust, notify interested persons, keep records, address expenses and taxes, communicate with beneficiaries, and make distributions according to the trust.
What does a personal representative do?
A personal representative administers a probate estate under Arizona law and court authority. Duties may include collecting property, giving notices, addressing claims, maintaining records, filing required documents, and distributing assets.
When should I contact an attorney after a death?
Promptly, especially before transferring, selling, distributing, or retitling property. Early review can identify authority, deadlines, and steps that should occur before assets are changed.
Can a fiduciary be personally liable?
Trustees and personal representatives have legal duties. Personal exposure can arise from improper distributions, misuse of assets, inadequate records, ignored claims, or other breaches. Advice before significant action can reduce avoidable risk.
What should I bring to an administration appointment?
Bring the original will, trust and amendments, death certificate, deeds, account statements, beneficiary information, vehicle titles, business records, bills, tax returns, and contact information for interested persons, to the extent available.
How long does administration take?
Timing depends on the assets, claims, tax issues, court requirements, real estate, business interests, missing information, and disputes. An attorney can provide a more useful estimate after reviewing the matter.
Can beneficiaries disagree with a trustee or personal representative?
Disputes may involve accountings, timing, valuations, distributions, document interpretation, or alleged breaches of duty. Early legal advice can clarify rights, duties, and possible resolution paths.
Business Formation & Administration
Should I form an LLC or a corporation?
The appropriate entity depends on ownership, management, liability, tax treatment, financing, and long-term plans. Legal and tax considerations should be evaluated together.
What is an operating agreement?
An operating agreement governs an LLC’s ownership and management. It can address voting, authority, distributions, transfers, departures, death, disability, disputes, and dissolution.
What is a statutory agent?
A statutory agent is designated to receive certain legal and official documents for an Arizona entity and must satisfy Arizona requirements.
Do Arizona LLCs file annual reports?
Arizona LLCs generally do not file annual reports with the Arizona Corporation Commission. Arizona corporations generally do. Other filings and ongoing obligations may still apply.
Why coordinate a business plan with an estate plan?
Ownership transfers, voting rights, beneficiary arrangements, buy-sell provisions, and succession instructions should work with the owner’s estate plan rather than create conflicting directions.
Can business documents be updated later?
Often, yes. Amendments may be needed when owners, managers, addresses, authority, financing, or succession plans change. The governing documents and required approvals control the process.
Do I need an attorney to start a business?
Owners can file formation documents themselves, but the filing does not address many ownership, management, transfer, dispute, and succession issues. An attorney can prepare the documents governing those relationships.
What is the difference between forming and maintaining a company?
Formation creates the entity. Maintenance includes accurate records, required filings, documented decisions, separate finances, updated ownership and management information, and compliance with governing documents.
Can the firm help an existing business?
The firm may assist with governing-document reviews, ownership or management changes, amendments, documented transactions, entity maintenance, and succession planning.
The Reidhead Law Group
Your situation deserves a specific answer
Contact the office to discuss how these general principles apply to your documents, assets, responsibilities, or business.
