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  • Home
  • About Tom
  • Estate Planning
    • How to Plan Your Estate (Intro FAQ)
    • Revocable Living Trust
    • Living Trust Funding Guide
    • Inheritance Protection Trust
    • Home Equity Protection Trust
    • Asset Protection Planning
  • Scheduling
    • For New Clients
    • For Returning Clients
  • Fees
    • Fee Schedule
    • A Personal Note
  • Articles Library
  • Office Info
  • New Client Forms
  • Make a Payment
  • Recent Law Updates
  • Bouman Law Firm Blog
  • Health Care Directives Registry
  • Probate & Trust Administration
  • Free PDF Books
  • Legal Disclaimers

Are You an Ideal Candidate for a Revocable Living Trust?

10/11/2026

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1. Who Is a Good Fit for a Revocable Living Trust?
  • You want to avoid probate when you pass away and keep your affairs out of court.
  • You want a clear plan for who manages things if you become incapacitated.
  • You own at least $300,000 in home equity or $200,000 of cash and investments
  • You want flexibility — the ability to change your plan at any time.
If most of these describe you, a revocable living trust is likely a strong fit.

2. What a Revocable Living Trust Does (In One Sentence)

A revocable living trust keeps your estate out of probate and ensures named fiduciaries can manage your affairs without court involvement.

3. Key Decisions You Make

  • Who administers the trust: You choose who steps in after your incapacity or death.
  • Who inherits from you: You decide how your estate is allocated after your death.
  • How beneficiaries receive their inheritance: Outright, restricted, or protected.

4. The Main Benefits

  • Avoids probate. Your family can settle your estate privately and efficiently.
  • Built‑in incapacity plan. No court involvement if you become incapacitated.
  • Fully flexible. You can amend or revoke the trust at any time.

5. Important Rules to Know

  • You keep full control. As initial trustee, you retain full control of all trust assets.
  • Assets must be titled correctly. To avoid probate, your home and other assets need to be placed in the trust.
  • No asset protection. A revocable trust does not shield assets from creditors.

6. The Bottom Line

If you want a flexible plan that avoids probate and keeps your affairs private, a revocable living trust is the standard, reliable solution.
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Are You an Ideal Candidate for a Home Equity Protection Trust?

10/11/2026

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1. Who Is a Good Fit for a HEPT?
  • Your home equity is substantially above Arizona’s $437,600 homestead exemption.
  • Your home is paid for or has a low mortgage, and you do not expect to refinance.
  • You are concerned about future liability (professional risk, business ownership, etc.)
  • You plan to stay in your home long‑term and do not expect to tap home equity.
If most of these describe you, a HEPT may be a strong option.

2. What a HEPT Does (In One Sentence)
A HEPT protects the equity in your home from future judgment creditors while preserving your lifetime right to live there.

3. Key Decisions You Make
  • Distribution trustee: You choose an independent trustee to oversee distributions.
  • Occupancy rights: You decide whether you keep a lifetime right to live in the home.
  • Trust protector: You choose who can move the trust to another state if needed.
  • Lifetime beneficiaries: You identify who may receive distributions from the trust.

4. The Main Benefits
  • Your home is protected: Creditors cannot force a sale or take your equity.
  • Your equity becomes unreachable: Your home equity above the homestead exemption is effectively shielded from future judgment creditors.

5. Important Rules to Know
  • The trust is irrevocable: You permanently give up direct ownership and access to home equity.
  • Financing becomes limited: Refinancing, cash‑out loans, and reverse mortgages are usually not available once the home is in the trust.

6. The Bottom Line
If protecting your home equity and making yourself eviction‑proof is important to you, this trust is one of the strongest tools available.

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Are You an Ideal Candidate for a Medicaid Asset Protection Trust?

10/11/2026

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A Medicaid Asset Protection Trust (MAPT) can be a helpful way to protect your home and savings if long‑term care is ever needed. Here’s a simple overview to help you understand whether it may be right for you.

1. Who Is a Good Fit for a MAPT?
  • You are at least age 55 and plan to stay in your home for many years. 
  • You have a trustworthy adult child who can help manage the trust.
  • You want to avoid spending down your assets if long‑term care is ever needed.
  • Your home has at least about $250,000 in equity.
  • You have savings and investments between roughly $150,000 and $1,200,000.
If most of these describe you, a MAPT may be a strong option.

2. What a MAPT Does (In One Sentence)
A MAPT protects your home and certain assets from Medicaid spend‑down while keeping them available for your family.

3. Key Decisions You Make
  • Who will manage the trust: Usually an adult child or trusted family member.
  • Income: You can choose whether you continue receiving income from trust assets.
  • Access for children: You decide whether your children can receive anything during your lifetime.

4. The Main Benefits
  • Your home is protected. After five years, Medicaid cannot take your home to repay care costs.
  • Your assets stay in your family. The trust helps prevent forced spend‑down if long‑term care becomes necessary.

5. Important Rules to Know
  • Five‑year rule: Transfers to the trust start a five‑year protection period.
  • Trustee must follow the rules: Your trustee cannot give assets back to you directly.

6. The Bottom Line

If protecting your home and keeping assets in your family is important to you, this trust is one of the strongest tools available.

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New notary thumbprint rule

9/8/2026

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The Arizona legislature recently enacted a new rule for notarial acts.  Starting September 12, 2026, when a notary public notarizes a property transfer deed or a power of attorney, the notary public must obtain a thumbprint in the notary journal.  Because we regularly draft deeds and powers of attorney, we will begin taking thumbprints to satisfy this new rule.  
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New FinCEN Residential Real Estate Reporting Rule

3/16/2026

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Summary: A new federal reporting requirement for non‑financed transfers to irrevocable trusts.

Effective March 1, 2026, the new FinCEN Residential Real Estate Reporting Rule requires a federal filing whenever residential real estate is transferred without financing to a trust or other legal entity.  This reporting requirement applies to irrevocable trusts and other non‑grantor entities, but it does not apply to standard revocable living trusts.  A designated ‘reporting person’ involved in the closing—typically the title company or closing attorney—must submit a Real Estate Report to FinCEN identifying the property, the parties, and the trust’s beneficial owners.  This nationwide rule replaces prior limited reporting programs and is intended to increase transparency in non‑financed residential transfers.  

Note: this rule is suspended while the federal courts sort things out.  It is still not in effect as of October 10, 2026.

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