Our Services
TRUSTS
We will help you find the best option to structure your family trust. We do all the paperwork for you so you can have peace of mind knowing your family will be protected.
PROBATE
If probate is necessary we will help you through the legal process. We are highly experienced with both contested and uncontested probate cases.
ESTATE PLANNING
We will look at your current estate plan and advise you of anything that can be improved. We can also establish a NEW plan to protect your estate.
ASSET PROTECTION
You worked hard to earn your assets, so make sure nobody can take them away. Our attorneys have creative ways to protect you.
BUSINESS LAW
We will help you set up your business for an easy transition in the future. Family businesses can be complex and need to be set up properly.
FAMILY WEALTH ADVISORS
We will coordinate with your financial professionals to make sure your family is well taken care of.
The Magellan Law Team
PAUL DELOUGHERY
Senior Attorney
BERNARD JOHNSEN
Associate Attorney
MIA DIDIO
Office Admin & Legal Assistant
What Our Clients Say
When you're not an attorney, you don't know who to trust. Paul Delouhgery explains everything and you don't have to be an attorney to understand it. It's important to get it done right the first time, Paul will make sure it is.
Wendy K.
( Client )I have had great experiences working with Paul Deloughery. An attorney with integrity and honesty, which I strongly feel has my best interest in mind at all times. On top of the professionalism, it's a pleasure to work with him.
J. Michael S.
( Client )Paul Deloughery and his team were able to address our estate planning in a comprehensive, sensitive, caring, and thorough manner. Our questions and concerns, no matter how small, were addressed clearly and completely.
Dana P.
( Client )Paul Deloughery of the Magellan Law Firm is extremely knowledgeable with estate planning and trusts. He takes the time to figure out the best remedy to a complex situation to make sure all aspects are covered. I really appreciate his thoughtfulness and professionalism. He explained everything in detail and even gave us several different options of how we can build our estate planning strategy. Paul is easy to talk to and very experienced. I already referred my parents to him!!
Paul J.
( Client )The Magellan Law firm was a life saver for me. They always took my call, answered all of my questions and handled everything so I didn't have to. Paul did much more then I paid him to do and he even talked to all of my other business professionals to coordinate the estate of my son who passed away unexpectedly. He is very knowledgeable, well respected in the industry, and his experience made everything much easier for me. I live in Chicago now and still refer the Magellan Law Firm to anyone who needs an estate attorney.
Gayle B.
( Client )Our Blog
How to Create a Family Dynasty
I’ve been studying how to create a family dynasty for the last 10 years. It turns out that there are 8 Keys to a family’s long term success. I’ll explain the importance of these 8 Keys by telling this story. In 2012, I was fortunate to spend a couple of days with the adventure photographer,
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Trump cannot avoid conflict with “Blind Trust”
There is been a lot of discussion in the news lately about Donald Trump needing to transfer his investments to a blind trust. For example, the Wall Street Journal suggested in a November 17, 2016 editorial that Donald Trump transfer his real estate holdings so he does not have a conflict of interest in serving
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Will my kids be able to enjoy the same lifestyle?
“Will my kids be able to enjoy the same lifestyle as me?” That’s a question that many people worth $10 million U.S. or less have. How do I know this? Because I’ve been an estate planning attorney since 2001. A number of my clients are worth around $10 million. If your net worth is around $10 million,
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Parenting: Raising children to be motivated
How do wealthy people raise their children to become self-motivated and resilient? The short answer is that rich parents teach their kids three main things: (1) to dream big and take risks, (2) to guard their money and spend it strategically, and (3) not to be nostalgic, but to focus on the future. In this blog, we’re going
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Joint Tenancy: How to Record Death Certificate?
Do you and your husband (or wife) own a house in joint tenancy and your spouse has passed away? How do you transfer title to just you? Most people will tell you just to record the death certificate. But is that the proper way? How do you record your spouse’s death certificate? Keep reading and find out . . . Many
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What’s a Special Warranty Deed?
Title companies don’t want you knowing about this trick. For instance, Old Republic Title provides various sample documents on their website. But they don’t provide a Special Warranty Deed. There are different types of deeds: Quit Claim Deeds, General Warranty Deeds, Trustee Deeds. I could go on. Below I’ll explain why Special Warranty Deeds should be used
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Document preparation company for a probate?
Document preparers promise to do cheap divorces, bankruptcies … and probates. Is this a good idea? Should you use a document preparation company for a probate? The short answer is NO (for most situations). I’ve been practicing law for 15 years now. I believe a document preparer could work if you have a very basic situation. Basic situations might
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Do I Need a Lawyer for an Informal Probate?
After a loved one dies, one of the tasks is administering your loved one’s estate. You want to make a smart decision and not give everything to lawyers or the government. I understand. But, here’s the thing. Sometimes you can do it just fine without a lawyer. But sometimes things go wrong. And it’s hard for you (as a non-attorney) to
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Trustee Doesn’t Want to Sell the House
We get this a lot: Mom or dad just died. House was in a trust. Now your brother or sister is in charge of the trust (as the trustee). The trustee doesn’t want to sell the house or distribute anything. What are you (the beneficiary) supposed to do? Here’s a checklist. Do you have a copy of the
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If No Contest Clause, Use a Declaratory Judgment
A No Contest Clause basically says “If anyone contests what I said in this document, they don’t get anything.” The problem with a No Contest Clause is that no one knows what a “contest” is. If the executor or trustee isn’t doing his or her job, and you file something with the court complaining about that, is that a
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Does a Beneficiary Deed Avoid Probate in Arizona?
In Arizona, the owner of a house can deed that house to someone using a Beneficiary Deed. The good thing about it is that it’s revocable and it can avoid probate. The applicable statute is A.R.S. Section 13-405. Sounds pretty slick, right? So the question is … does a Beneficiary Deed avoid probate in Arizona? There are
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When does it make sense to have a pet trust?
According to DNAinfo.com, there is a court battle over a $100,000 pet trust created for a 6 year old Dachshund in her deceased owner’s Will. Supposedly, the owner, Patricia Bowers, passed away in 2010 (apparently when the pet was but a wee pup). The dachshund, named Winnie Pooh, was left to caretaker Virginia Hanlon. Ms. Hanlon filed court papers
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Why Prince should have had a Will
I’m disappointed with Prince. Here’s why. He was in a position of influence because of his popularity, but he left as a legacy a court battle over his estate. And worse than that, he left a trail of emotional trauma and possibly financial damage to his family. First, let me update you on where things stand regarding
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Inheritance Impatience
Recently, I came across some news articles discussing the term “Inheritance Impatience.” I had never heard this term before. Inheritance Impatience is a form of financial exploitation of the elderly. An example would when when an adult child pressures mom or dad to get their inheritance now (rather than waiting for the parent to die). Sometimes the adult
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Every Trust Needs a Trust Protector
I have come to the conclusion that every trust needs a Trust Protector. The reason is that you have no idea what will happen in the future. And once you are gone, there is at least a possibility that your family will fight over who gets what and how everything gets divided. It is also possible that other
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Naming a family member as trustee? Yikes!
You go to an estate planning attorney to set up your will or trust. That attorney asks you who you want to be in charge of your affairs when you’re gone. You say you want your husband or wife or one of your kids to serve as trustee. Makes perfectly good sense of the time. And the
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Bequeathing Trouble: Prince’s Estate Plan
Prince’s death came as an enormous shock to the world. And the $150 million in estate taxes that his family will end up paying will come as a shock to them. It turns out that Prince’s estate plan was to not have a plan. The untimely death of the enigmatic music icon left two things:
Read MoreShould you waive bond?
If your loved one died either without a Will, or with a Will that fails to specify if bond is waived, the person nominated as Personal Representative (aka, Executor) will probably ask the other heirs to waive bond. (Click here to see a sample Waiver of Bond form.) Should you waive bond? What is bond?
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I didn’t grow up dreaming of being a probate lawyer
How did I end up as a estate planning and probate lawyer? I don’t really know. I certainly didn’t grow up dreaming of being a probate lawyer. One of the common themes of my life is to learn about adaptability. Growing up, I believed that I was one-half Irish. After all, my last name is
Read MoreWhy Your Trust Needs a Trust Protector
If you follow my blogs, you know by now that our law firm not only prepares Wills and Trusts. We also do probate litigation. This means that we go to court to handle messy family feuds over inheritances. One of the most common type of lawsuit has to do with a trustee who steals money,
Read MoreWhen to Appoint a Special Administrator after Someone has Died
If someone has died and there is an emergency about property, there is a solution. It is called a Special Administration.This blog discusses when to appoint a special administrator after someone has died. Some typical examples of when this is needed are: a. If no one has access to the property to be able to
Read MoreSuccession Planning for LLCs
A business is like other types of property. If you die owning them in your personal name, there will need to be a probate. Don’t be like the young lady above, whose parents owned an LLC but failed to specify how the business would be managed when the parents died. Think about it. There might
Read MoreDo you need to add “LLC” to your company name?
Do you own a business? Is that business formed as an LLC? Here’s the next question: Do you need to add “LLC” to your company name? After all, McDonalds just has a big “M” in front of their restaurants, and they merely advertise as “McDonalds.” Who thinks of Ronald McDonald being a spokesperson for “McDonalds,
Read MoreDecanting: When Trust B needs to be fixed
Here’s the scenario: A married couple had a joint trust. One spouse has died. The survivor now wants to ensure that the trust money is protected for the benefit of the couple’s child or children (and grandchildren). A well-written Trust B (the decedent’s trust or bypass trust) would provide asset protection benefits, and would also
Read MoreShould You Transfer Your Cemetery Plot to Your Trust?
Should you transfer your cemetery plot to your trust? Yes, if you want to make sure that your wishes are carried out. In Arizona, the applicable law defines “cemetery property” that you would transfer to your trust as “a cemetery plot, including interment rights, mausoleum crypts, niches and burial spaces.” If you have purchased such a
Read MoreYour Husband Died and His Children are Asking Questions
If your husband died and his children are asking questions, what do you do? Your husband’s kids may be asking if they can get your husband’s belongings, such as family photos or furniture. Perhaps you and the step children don’t agree on whether your husband should be buried or cremated. First, you need to see
Read MoreWhat is a De Facto Personal Representative?
In Arizona, and perhaps in other states, a court can hold a person liable for managing a deceased person’s estate even prior to being appointed as personal representative. I refer to such a person as a “de facto personal representative.” Under Arizona law, such liability arises according to a combination of A.R.S. § 14-3701 and the court’s inherit equitable powers. Such
Read MoreProblems with Universal Life Insurance Policies
Here is a recent article in the Wall Street Journal that discusses the increasing costs of Universal Life Insurance: Stung by ‘Universal Life’ This is one of the myriad of issues that can affect people in their estate planning. This is why it is essential that you review your estate plan with your attorney at
Read MoreWhen One Party to a Contract Dies
If one party to a contract dies, the deceased person’s estate can usually simply enforce the agreement the same as if the original party to the contract were still alive. However, things can get even more complicated when dealing with family. For example, let’s say that one person loans money to another, such as when
Read MoreBusiness Owners Need Estate Plans
Business owners need estate plans in order to ensure their businesses survive once they pass away. Here is why. Let’s say you own a successful business. It has lots of employees and ongoing business. There are contracts that need to be completed, and staff that needs to be paid. Then you die. You have a
Read MoreHow to Remove a Conservator
When someone is legally appointed to manage the finances of another person, that’s known as a “conservatorship.” This is a beneficial option for those who aren’t able to manage their own money due to health concerns, mental illness or old age. There are also conservatorships for children who receive money. Unfortunately, some conservators mismanage funds
Read MoreRemoving a Guardian with Mental Health Powers
It can be emotionally draining for you when your loved one’s personal rights have been limited. When age, mental or physical illness or other situations affect the ability of the loved one to maintain independence, important decisions (such as choice in doctors, healthcare treatments, where to live, whether he or she can drive a car
Read MoreGuardianship with Mental Health Powers
Disability, physical or mental illness or alcohol or drug abuse can limit a person’s ability to live an independent life. In such cases, a guardian may be appointed to take care of everyday tasks such as housing, education, medical care, food and clothing. However, this post discusses a guardianship with mental health powers, meaning that
Read MorePetition for Removal of Personal Representative
Hey, this is attorney Paul Deloughery. I’ve been practicing probate litigation since 2007. One of the things I often get asked to do is to remove a Personal Representative (also known as the Executor) who is not performing his or her duties. Read more here. How do you remove a Personal Representative who has already
Read MoreHow to Remove a Guardian
It’s hard watching loved ones age. Their loss of independence can come as quite a blow for their families, and such challenges can become even more difficult if the guardian trusted with the care of a loved one is not fulfilling the responsibilities of the position. A guardian is a person appointed by the court
Read MoreRecovering from Trustee Misconduct
Beneficiaries of a trust depend greatly on the trustee to act in the best interest of the beneficiaries and the trust. Unfortunately, trustees don’t always live up to the duty and responsibility of their position. Beyond creating headaches for family members and other beneficiaries, such misconduct can rob them of their inheritance. In previous posts
Read MoreAfter Death Checklist
If your loved one has just died, here is a list of things to do: AFTER DEATH CHECKLIST Within first 24 hours: 1. Determine whether any of decedent’s property needs to be safeguarded, such as: valuable assets, motor vehicle, and vacant home or vacant rental house. Ask: who has keys to vehicles and properties? 2. Ensure that
Read MoreHow to Petition to Remove a Trustee
In a previous post, we covered the things trustees do that can lead to their being removed from that position. After you’ve identified where a trustee has abused this position of trust, and as you seek to have the offending trustee removed, the next step is to petition the court for that removal, and to
Read MoreHow to Remove a Trustee
Not everyone works out. And you have the right, as a beneficiary of a trust, to petition to remove the trustee of the estate if he or she proves to be incompetent, hostile, dishonest or otherwise unable to fulfill the responsibilities of administering the trust. Here’s a quick definition of a trustee and a summary
Read MoreRemoving a Personal Representative: How to Appoint a Successor
In the last few posts, we’ve looked at the first two steps in removing an ineffective personal representative: gathering evidence and petitioning the court. Once these steps are completed, you will need to appoint a successor. You’ll want to be particularly careful in choosing a qualified replacement after going through the effort to remove an ineffective personal
Read MorePetitioning to Remove a Personal Representative
In the previous post we covered how to gather evidence to remove a personal representative. Once you have the necessary documentation as evidence, you can petition the court to remove the personal representative and appoint a successor. The first step in petitioning the courts is to work with your probate litigation attorney to put together
Read MoreHow to Remove a Personal Representative
Some situations in the handling of an estate warrant the removal and replacement of the executor (called a “personal representative” in Arizona) who’s been appointed by the court. Although the person accepting the position agrees to comply with a list of laws and court orders, sometimes the representative falls short for some reason. If
Read More3 Ways to Reduce the Stress of a Conservatorship
The illness, incapacity or death of a loved one is certainly an emotional blow to a family. Additional stress can come from disputes regarding the conservatorship of loved ones – especially when things don’t go smoothly. A conservatorship deals with money, which can be stressful on its own. A conservator has many responsibilities in the
Read MoreHow to Avoid Disputes in a Conservatorship
When a loved one needs help managing finances or legal affairs, a conservatorship is often the best option. The conservator, usually a family member or trusted friend, has the authority to act in the interest of the protected person’s legal and financial affairs. As beneficial as this can be for the loved one, at times this
Read MoreHow to Petition for Emergency Conservatorship
As loved ones age they may need help managing their finances or legal matters. A durable general power of attorney can be a great tool for helping older loved ones when they get to the point that they need help. Simply put, it’s the written authorization to represent or act on another’s behalf in private
Read MoreHow to Handle Estate Emergencies After a Loved One Passes Away
Dealing with the death of a loved one is always difficult. But death isn’t always the hardest part for the survivors. Many family members are surprised by the challenges and conflicts that arise after the funeral when the family works to settle the estate. If you find that you cannot resolve a conflict regarding your
Read MoreHandling Emergencies in Guardianships and Conservatorships in Arizona
If you notice certain changes in an aging family member, it might be time to seek outside help. When a loved one can no longer make intelligent decisions about his or her healthcare, housing, finances or legal matters an emergency guardianship or conservatorship may be the solution. Emergency guardianships and conservatorships are legal mechanisms created
Read MoreLife and Estate-Planning: What Is a Conservatorship?
When an adult is no longer able to care for himself or herself, the court can appoint another person to take over responsibility of managing finances and other everyday affairs. The person appointed (usually a spouse, family member, relative or hired professional) would serve as conservator and collect income and pay expenses on behalf of
Read MoreWhat Is a Guardianship?
Since life expectancy has increased over the last two decades., a growing group of Americans will likely need some kind of long-term assistance. An important part of preparing for the future should you become unable to care for yourself is designating a health care agent and (if needed) a legal guardian. Having a health care
Read MoreResolving Disputes Involving Trusts
Trusts are legal arrangements in which someone holds property for the benefit of someone else. Trusts can minimize estate taxes and prevent the need for probate. Trusts also offer greater precision in wealth management and distribution, and can protect your legacy. But given the human element involved in estates and trusts, disputes can arise when a trust
Read MoreResolving Disputes Involving Guardianships and Conservatorships
Disputes involving guardianships and conservatorships can be confusing and overwhelming for most people. The single biggest mistake I see in this area is people not consulting a probate litigation attorney. An experienced attorney will not only be familiar with the applicable statutes and case law, but will also know the applicable probate rules. Here is what you
Read MoreSolving Disputes Involving Estates
Resolving disputes over estates, wills and trusts is often a delicate process. In a previous post we looked at the definition of a probate dispute (a dispute or conflict among family members that arises while settling a deceased loved one’s estate). As we’d seen, resolution to these conflicts doesn’t always come easily. An experienced probate and
Read MoreProbate Disputes: How to Deal with Estate Conflict After Someone has Died
Settling an estate after a loved one’s death is a complex process. The process can be even more challenging if detrimental disagreements and conflict arise among the various people who believe they are entitled to an inheritance from the estate. The court offers a recourse to resolve such probate disputes. Here are five of the
Read MorePitfalls of Estate Planning: When Assets Are Used for Personal Benefit
A trustee must never use the assets of a trust for personal benefit (unless this is specifically permitted by the trust). There’s really no wiggle room here. Trustees are held to the highest legal standards. If you’re serving as a trustee, conservator or guardian, it’s important to clearly understand the duties of your position to be
Read MoreHow to Get a Physician’s Report for a Guardianship or Conservatorship
Caring for an aging parent or loved one can be challenging. Especially when one or both parents become unable to care for their health and finances. In these situations, it may be necessary to seek a guardianship or conservatorship to help your parents get the care and support they need. Obtaining a physician’s report is an important
Read MoreWhat’s a Probate Emergency?
Things can get out of hand, even under the best circumstances, when caring for a loved one or settling an estate. Probate court helps families arrange care for loved ones who are aging or incapacitated. After a loved one passes away, probate court helps a family sort through and settle their affairs. It generally takes
Read MoreEstate Planning: What Is a Guardianship?
As one generation matures another one needs care. Children are suddenly faced with dealing with their aging parents. This shift of roles, however natural it may seem, can be difficult. Illness, injury or long-term condition can leave a parent or loved one needing a little (or a lot) of extra help. Legal guardianship may be
Read MoreSolving Disputes Involving Trusts
Disputes are not uncommon during the administration of a trust. But they can grow into something devastating both financially and emotionally. Such disputes can become so fierce they can tear a family apart. But if you know of some of the more common trust disputes and how you may prevent them, you’ll go a long
Read MoreAdministering a Trust with an Ongoing Business
Administering a trust with an ongoing business can be intimidating and overwhelming. It is even more tricky if the business needs to go through probate. And for good reason. As a trustee or personal representative, you will be held to a high standard as you administer the trust, a standard higher than that the original owner
Read MoreTrust Management: 3 Top Mistakes Trustees Make
Serving as a trustee is a big responsibility that can be complicated and confusing. It’s easy to fall into trouble if you’re misinformed or careless in the trust management. Keep in mind these three pitfalls when serving as trustee: Breaching fiduciary duties. Fiduciary duty is the highest legal duty of care recognized by the U.S. legal
Read MoreEstate Planning Basics: Trust Assets and Probate Assets
Estate planning isn’t just for the wealthy. It’s an important element of protecting the people you love and the legacy you want to leave behind. An estate is made up of assets. Assets can be any form of cash, physical property or intangible benefits. These include: • A house • other real estate • business
Read MoreEstate Planning: What Are the Duties of a Trustee?
Most people feel honored when asked to be a trustee over a friend or loved one’s estate. But being a trustee is more than a title. It comes with a lot of responsibility and obligation. The general duties of a trustee vary depending on the laws of the state where the trust is situated. But to provide you
Read MoreCan You Avoid Probate with a Trust?
One of the primary reasons people create trusts for their estates is to avoid probate and the associated attorney and court fees. It also better maintains privacy. But a trust doesn’t guarantee that you won’t need probate. And that’s a good thing. A well-drafted trust properly managed by a responsible trustee certainly can avoid probate. But some
Read MoreEstate Planning: What Is a Trust?
A trust is similar to a will. It’s an elegant way of specifying how your property gets distributed upon your death. Property placed in a trust can pass to your designated beneficiaries without the delays and expense of going to probate court. But – a big but – a living trust is not a complete
Read MoreWhen to Get Help from an Arizona Probate Attorney
Do-it-yourself projects can range from remodeling your home to engineering homebrew biodiesel to fixing your car to building worm-composting systems. But just because you can do something yourself, doesn’t necessarily mean you should. If you are named as a Personal Representative or trustee, and some of the property is in Arizona, you need to hire an experienced Arizona
Read MoreThe Role of a Personal Representative, Part 2
As I mentioned in my previous video, a good estate plan covers key life decisions. Your personal representative will be the one to make the necessary decisions to carry out your wishes. Here are further responsibilities, based on the law in Arizona, but pertinent no matter where you live in the U.S. Provide an inventory of assets. This
Read MoreWhat are the Duties of a Personal Representative?
A good estate plan covers key life decisions such as what happens to your home and other assets if you die. It also addresses who will care for your children and financial assets if you pass away. Your personal representative will be the one to make the necessary decisions to carry out your wishes. The
Read MoreWills and Estate Planning: Appointing a Personal Representative
Part of creating a will is naming a personal representative. A personal representative is responsible for managing the estate of another, including the probate assets. To name a personal representative, you must first have a valid will in place. The will should specifically name who you want to manage your estate. Most people choose a
Read MoreAvoid Estate-Planning Pitfalls: Probate Assets vs. Non-Probate Assets
You’ve heard of estates, but do you know what an estate is? An estate (in terms of probate law) is property – either physical or monetary. It can also include intangible items such as contractual rights, trademarks and patents. So, how is this property settled? With an estate, it’s through probate. If there is a
Read MoreTestate and Intestate: The 2 Things You Need to Know About Your Last Will and Testament
If you don’t have a plan for your estate after you die, the state where you live has one for you. But you probably won’t like it. Even if you don’t believe in the afterlife, you need to take control of what will happen after life. Your life. For your family’s sake. Without a valid,
Read MoreProbate Basics: 5 Things You Should Know About Probate
Managing a loved one’s estate that’s gone into probate can be overwhelming and more than a bit confusing. But it doesn’t have to be. Here are some probate basics that can help you start to understand this process. With proper estate planning, you can avoid a lot of the drama often associated with legal proceedings.
Read MoreAppearing Pro Per: Why You Shouldn’t Represent Yourself (even if you’re a lawyer)
There is a trend for people to represent themselves more and more in legal matters. This is called appearing “in propria persona” or “pro per.” But unless it is an extremely simple legal matter (such as a speeding ticket or small claims court dispute), you are always going to be better served by having an experienced legal advocate on
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