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1. Who Is a Good Fit for a Revocable Living Trust?
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
4. The Main Benefits
5. Important Rules to Know
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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1. Who Is a Good Fit for a HEPT?
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
4. The Main Benefits
5. Important Rules to Know
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. 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?
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
4. The Main Benefits
5. Important Rules to Know
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. 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.
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. |
AuthorTom Bouman, Attorney Archives
October 2026
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