Elder Law Issues

Thinking about updating your estate plan in 2026?

Happy New Year! 2025 brought with it many questions regarding the future of laws pertaining to estate planning. Now that 2026 has rolled around, you and your loved ones may be wondering if it is time to update your estate plans.

In this podcast, we discuss updates to laws that will affect estate plans from 2026 onward. We also share some personal anecdotes regarding our own estate planning updates and how often we believe someone should consider updating their own estate plan. After listening, you may consider updating your estate plan in 2026 as well.

Clients often wonder about the process of executing their estate planning documents. In this modern era, it seems to many like they ought to be able to sign their documents electronically without an office visit. It is usually not that simple. Different documents have different requirements for what is legally considered a valid signature.

A witnessed signature is often a requirement, and some clients ask if their family members can act as witnesses. In this podcast we discuss the importance of a witnessed signature, who is best suited to serving as a witness and why legal counsel is important in this process.

2026 ABLE Act Updates

ABLE Act accounts are a great tool to assist people with disabilities. Unfortunately, many individuals with disabilities became disabled after reaching the age of 26. This meant that this tool was largely inaccessible to individuals who suffered injuries from work, automotive or other accidents in their late twenties or early thirties.

Good news! Effective January 1, 2026, ABLE Act accounts can be established for individuals who became disabled before the age of forty-six. In this podcast we discuss this update and how these 2026 ABLE Act updates will affect a variety of age groups going forward.

The benefits of a donor advised fund.

With tax season on the horizon, many charitably minded people will want to make the most of their charitable deductions. Most tax filers do not itemize their deductions which makes it difficult to get more than the standard deduction. While it is important to confirm any tax strategy with a CPA, a donor advised fund can be a great tool. This is especially true if someone expects to have greater income tax considerations in a specific year.

In this podcast, we discuss the benefits of a donor advised fund and how these funds work.

Supporting a Grandchild with a Disability

Many families will have the experience of raising a child or grandchild with a disability. Fortunately, for grandparents there are a variety of options they can use to support disabled grandchildren.

Several options include third party special needs trusts, ABLE act accounts, UTMA accounts and possibly 529 accounts. There are several factors to consider when deciding which of these tools to use. Does the grandparent want to gift during their lifetime, or after their death? How much does the grandparent want to leave? Does the family want a mechanism that multiple members can use to support the grandchild? In this podcast we discuss the positive and negative aspects of each of these tools.

Supporting a grandchild with a disability can be complicated but careful planning can help mitigate this.

The Pros of Title Insurance.

Have you ever inherited property with an issue in the title? This is a fairly common problem as property changes hands through generations.

Title insurance can be a boring topic but it could be the solution to this issue. In this podcast we discuss the benefits of cleaning up the title on deeds and why it may be necessary to do so. It may be especially relevant in Arizona, where we practice.

When you have us prepare your estate plan, you might ask us to arrange for an equal or equitable division of the assets among your children.

Of course, the issue can come up in a variety of contexts. Maybe you’re disinheriting one child. Or maybe the division in your case is among nieces and nephews — or even among friends.

How much of your decision-making is focused on whether your beneficiaries might have hurt feelings, or might disagree among themselves? And what is the difference between an “equal” or “equitable” division? Join us for this podcast episode, while we discuss the division choices facing our clients.

Estate Planning for Young People.

Should you be concerned about having an estate plan if you are under 40? Most people think they need an estate plan when they are older; however, there are good reasons to consider an estate plan at any age.

Estate planning at a young age can prepare you and your loved ones for the unexpected. Even if death is unlikely, it can be good to think about who will assist you if you become incapacitated.

With this in mind, what are some of the documents you may need? Do you need a trust? Powers of attorney? A will?

Estate planning for young people does not need to be complicated and we discuss all of these points in this podcast with a guest, Jessica Field, from https://www.yourspiritualwellnesscoach.com/

Personal Property Planning Before Death.

Many of your belongings are precious to you. You worked hard to acquire them. The transition from your property to your heirs should be seamless, but it often isn’t.

Your personal belongings may make up only a small portion of your estate. That being said, some of the biggest headaches for your family will often revolve around personal property.

Did you create a list of who gets what property? Did you lock up your belongings? Can your loved ones find them? Did you tell your successors to secure them after you die?

This podcast deals with personal property planning before death and gives some helpful tips for you to ensure the correct distribution of your belongings.

Finding Purpose Through Charitable Planning.

During the estate planning process, people frequently consider how to convey assets to charity when they die. This podcast examines the personal benefits that are sometimes overlooked when people engage in gift-giving during life. People who engage in charitable gifting during life may find benefits that reach far beyond tax deduction.

Jessica Field, a spiritual wellness coach, joins us to talk about how making charitable gifts during life can deepen connection with community and give special purpose.