Question 1

How can you charge $1,200 for a living trust when other firms charge $4,000 or more?

Accepted Answer

Hawthorne Legacy Advisors is built around volume, transparency, and a focused service menu (Arizona wills, trusts, and powers of attorney) delivered by Edward Law Firm. We standardize what should be standardized, draft carefully where it matters, and don't pay for downtown office space. For 90% of Arizona families the documents you need are well-defined. You shouldn't have to pay hourly law-firm rates for them.

Question 2

Are there any hidden fees?

Accepted Answer

No. The price on the pricing page is the price you pay for the documents listed. The only additional costs are pass-through items. For example, if your trust includes real property, the county charges a recording fee for the new deed, and we pass that on at cost. We also offer optional add-ons (remote online notarization $100 per session, physical binder $75) that you can elect or skip.

Question 3

How long does the process take?

Accepted Answer

For a straightforward plan, expect about 2 to 3 weeks from your first consultation to signing. The bulk of that is your time to review drafts. Urgent cases (terminal illness, imminent travel) can be expedited. Let us know during the consultation.

Question 4

Do I have to meet in person?

Accepted Answer

No. Consultations are by phone or video, drafts are reviewed by email, and we offer remote online notarization for signing day. We're based in Tucson and happy to meet in person there if you prefer, but it's never required, and we serve families across Arizona.

Question 5

What happens at the free consultation?

Accepted Answer

It's a 30-minute conversation with attorney Jonathon Scibilia. We'll walk through your family, your assets, and what you're trying to accomplish. We'll recommend the right combination of documents and give you a flat quote on the spot. No pressure, no sales pitch.

Question 6

Will a living trust really keep my estate out of probate?

Accepted Answer

Yes, but only for assets that are actually titled in the name of the trust. That's why our trust packages include funding instructions and asset titling guidance. A trust that's signed but unfunded is one of the most common mistakes in DIY estate planning.

Question 7

What's a pour-over will, and why do I need one with a trust?

Accepted Answer

A pour-over will is a short will that catches any assets you didn't move into the trust during your lifetime and "pours them over" into the trust at your death. It's the safety net. Every trust package we draft includes one.

Question 8

Can a married couple share one trust, or do we each need our own?

Accepted Answer

Most Arizona couples are better served by a joint revocable trust. One document, two settlors, drafted with community property treatment in mind. Some blended families prefer separate trusts for asset-segregation reasons. We'll tell you which is right for your situation at the consultation.

Question 9

What happens to my trust when I die?

Accepted Answer

Your named successor trustee steps in, follows the distribution instructions you wrote into the trust, and transfers the assets to your beneficiaries. There's no probate court hearing, no public filing, and no months-long wait. Our trust packages include successor-trustee guidance so the person you named knows what to do.

Question 10

What's the difference between a 'reciprocal' will and a 'non-reciprocal' will?

Accepted Answer

Reciprocal (mirror) wills are wills where two spouses leave everything to each other, with the same contingent beneficiaries. Non-reciprocal wills are wills where the spouses have different terms (common in blended families or second marriages where each spouse wants to provide differently for their own children or beneficiaries). We price these differently because non-reciprocal wills take more drafting time per spouse.

Question 11

Do I still need a will if I have a living trust?

Accepted Answer

Yes. A short "pour-over" will. It catches anything that didn't get titled into the trust during your lifetime and names guardians for any minor children (which a trust by itself cannot do). Every trust package we draft includes a pour-over will.

Question 12

What happens if I die without a will in Arizona?

Accepted Answer

Arizona's intestate-succession statute decides who inherits. Usually the surviving spouse, then children, then other relatives, in a specific order. The court appoints a personal representative. The process is public and can take months. It works, but it's not how most people would have chosen to distribute their estate.

Question 13

Can I change my will later?

Accepted Answer

Yes. A will can be amended by a "codicil" or replaced entirely by a new will. We recommend revisiting your plan after major life events: marriage, divorce, the birth of a child, a significant change in assets, or a move out of state.

Question 14

Do I need all three powers of attorney?

Accepted Answer

Most adults benefit from at least a Financial POA and a Healthcare POA. The General Durable POA is broader and covers legal and personal affairs that don't fit cleanly into "financial" or "medical" categories. We'll help you decide at the consultation.

Question 15

Who should I name as my power of attorney?

Accepted Answer

Someone you trust, who is geographically close enough to act quickly, and who has the temperament to deal with banks, hospitals, or government offices on your behalf. It doesn't have to be a family member. Name an alternate too. Life happens.

Question 16

When does a Power of Attorney take effect?

Accepted Answer

A "durable" POA (which is what we draft) takes effect when you sign it and stays in effect even if you become incapacitated. Some clients prefer a "springing" POA that only activates upon incapacity. We draft those too if it's the right fit.

Question 17

Does a Power of Attorney still work if I'm in a hospital out of state?

Accepted Answer

Generally yes. Arizona-drafted POAs are typically honored in other states under most circumstances. But hospitals and banks vary in how rigorously they review out-of-state documents. If you spend significant time outside Arizona, mention it at the consultation and we can take steps to make the document more portable.

Question 18

What's the difference between a Healthcare POA and a Living Will?

Accepted Answer

A Healthcare POA names the person who can make medical decisions for you when you can't. A Living Will (Advance Directive) records your specific wishes about resuscitation, intubation, and life support, so your agent and your doctors don't have to guess. Most clients want both, drafted together.

Question 19

Will my doctor actually follow my healthcare directive?

Accepted Answer

Yes. Arizona healthcare directives are legally binding under Arizona Revised Statutes Title 36. The key is making sure your documents are accessible. We provide signed copies for you, your healthcare agent, and your primary care physician, and we can register your directive with the Arizona Secretary of State on request.

Question 20

Do I need a separate Mental Health Care Power of Attorney?

Accepted Answer

It's optional, but worth considering. Arizona allows a separate Mental Health Care POA that gives your agent authority over inpatient psychiatric treatment specifically (something a standard Healthcare POA may not cover). We'll discuss whether this is right for you at the consultation.

Question 21

Where should I store my healthcare directive?

Accepted Answer

Give a signed copy to your healthcare agent, your primary care physician, and any adult children who might be involved. Keep an original where you (and your agent) can find it. Don't lock it in a safe-deposit box. Banks may not be open when you need it. We can also register the document with Arizona's online registry for emergency access.

Question 22

Does submitting the intake form create an attorney-client relationship?

Accepted Answer

No. Submitting the intake form is a request for a consultation, not a retainer. An attorney-client relationship is only created after we both sign a written engagement agreement. We will not share what you put in the form with anyone outside the firm.

Question 23

Is Arizona a community property state, and does that matter?

Accepted Answer

Yes. Arizona is a community property state, which has real consequences for estate planning. Property acquired during marriage is generally community property regardless of whose name is on the title, and that affects how it can be transferred at death. We draft with Arizona's community property rules in mind. Cookie-cutter out-of-state forms often miss this.

Question 24

What if I already have a will or trust from another firm?

Accepted Answer

Bring it to your consultation. We can review what you have, identify gaps, and recommend amendments, a restatement, or a fresh document, whichever is cleanest for your situation. We charge separately for amendments and restatements. Pricing is quoted after review.

The questions we get most.

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