Kent Phelps | Mesa Real Estate Lawyer

Our clients came to us several years ago with unique estate planning challenges - a married couple with a blended family, a significant government creditor and an inheritance from one side of the family. We structured a living trust plan that would avoid probate, ensure the family home and other assets were preserved to care for the surviving spouse in the event of one spouse's death, and clearly established what they wanted to have happen after both spouses passed to prevent family conflict. Husband died unexpectedly earlier this year. No probate. No creditor rights against trust assets. The surviving spouse is in full control of the family home and other assets.

We attribute our success to these primary factors: -Adopting processes and systems to provide a consistent client experience and avoid errors -Flat fee model - we never bill hourly. Our clients are never charged for emails or phone calls. -We pride ourselves on our willingness to innovate in a traditional profession that has historically been slow to adapt to changing needs of the consumer. Our Arizona and Utah offices were the first to be approved by both the Arizona and Utah Supreme Courts as a combination of attorney and non-attorney owners of a law firm.

Competence Character Communication

Estate planning law can vary from state to state. We have local attorneys in every market to ensure our clients have local expertise, backed by a larger national organization.

Our free initial consultation includes: -Our attorneys listening to you express your specific objectives and concerns -Taking a family and financial snapshot of your unique situation -Our attorneys have hearts of a teacher. We pride ourselves on providing an "estate planning 101" tutorial to our clients so they make an informed decision. -We will quote a no-surprises flat fee for your estate plan and tell you what the path forward looks like to complete your estate plan.

We provide a simple, user-friendly questionnaire prior to our first meeting. The questionnaire asks for basic family and financial information to help us customize an estate plan to meet your specific objectives.

We focus exclusively on estate planning and are a full-service estate planning law firm. Our innovative and efficient systems ensure a consistent client experience throughout the process. Our flat fee model prevents surprise billings and avoids clients feeling "nickel and dimed." We help our clients cross the finish line by helping them fund their trust. We have a national presence - 18 offices in 5 states and growing.

We understand that most of our clients have known they need to get their affairs in order but have been procrastinating it for some time. It's rewarding to witness the peace of mind our clients experience when their estate plan is complete.

With 7 children and 7 grandchildren, my main interest outside of law is my family. We love being together, swimming, traveling and enjoying the outdoors together. We are wilderness backpackers. I've backpacked to the bottom of the Grand Canyon (and back out!) 14 times.

I am active in my church and enjoy the community involvement that activity naturally provides. As a 3rd generation Eagle Scout (my son is 4th generation!), with the support of my wife and family I have enjoyed giving decades of volunteer service to the Boy Scouts of America, which has provided numerous opportunities to better our community and country.

• State Bar of Arizona, Probate and Trust Law Section        Member        2006 - Present

• American Jurisprudence | Thomson West Publishing | 1996
  Order of Barristers | University of the Pacific | 1996

• Stombres v. Gomoll
  Jury verdict for damages arising from domestic abuse.

• 3 ESTATE PLANNING LESSONS LEARNED FROM THE ANNE HECHE TRAGEDY
  My wife takes the time to send me articles involving estate planning, or lack thereof, in current events.  I was saddened when she sent me an article about well-known actress Anne Heche’s untimely and tragic death after crashing her Mini Cooper into a Los Angeles residence last month.
  Anne Heche was 53-years old and struggled with mental health and substance abuse.  It’s surprising that she never took the time to put even the simplest of estate plans in place.  She didn’t even have a simple will.
  Less than a month after her death, her 20-year-old son, Homer Lafoon, filed a petition with the Los Angeles County probate court to be named as administrator of his mother’s estate.  There are several lessons we can learn from this tragic situation made worse by lack of forethought and planning.
  Loss of Privacy
  One article about Anne Heche’s estate I read came from Rolling Stone magazine.  So how exactly did Rolling Stone know details like when Anne Heche’s son’s petition was filed, what he was requesting, the exact identity of potential heirs and the value of the estate?  The answer comes from the article itself:  “Homer’s filing, obtained by Rolling Stone, said…”  
  The reason Rolling Stone was able to obtain the filing is because probate is public.  Anybody can go down to the courthouse, or in some jurisdictions go online, and obtain the identities of the executor, the beneficiaries, creditors, who is claiming what and, yes, even the value of the estate and the nature of the assets.  (In the Heche matter, Homer disclosed the value of the estate as “unknown” but that sensitive information will eventually become public information once known.)  This information can be used by both the enterprising and the ill-intentioned for commercial or even nefarious purposes.
  Even if Anne Heche had taken the time to create a will, probate would still be required.  Had she enlisted the help of an attorney to create and properly fund a living trust, however, neither Rolling Stone nor we would know the details made public less than one month following Ms. Heche’s death.
  Plan for the Unexpected
  I tell my clients that I make a living planning for events that are unlikely to happen, but when they do, are usually devastating.  Of course, death is certain, but we can’t typically time our death.  Estate plans need to address the unexpected, including untimely death.
  This is especially important when we have minor children.  Ms. Heche’s failure to plan not only leaves the question of guardianship over her 13-year-old son Atlas 100% in the hands of the state, Homer, Atlas and the guardian will not have the benefit of guidance from Ms. Heche as to when and how his inheritance is to be used.
  
  Blessing or Curse?
  20-year-old Homer indicated in his filing that he and Atlas are the sole heirs.  I have 5 children who have all been 20 years old.  I don’t know about you, but as wonderful as I think my children are, I would no

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