Many states, including Arizona, prohibit persons who are not attorneys from giving legal advice. Listed below are some of the estate planning issues which may require the advice of an attorney. This list does not presume to cover all such topics, but is intended as a guide to the types of issues that may need to be considered:

1. Whether a particular asset is community property, joint property, or sole and separate property.

2. Whether gifts or other distributions should be made by a successor trustee if the estate owner is not competent.

3. Whether specific bequests are appropriate and whether they should be made when one Trustor dies or only after both Trustors are deceased.

4. The degree of control a surviving spouse should have over a deceased spouse's assets.

5. If one or both spouses have children from a prior marriage, should they have separate dispositive plans.

6. How the estate should be divided among the heirs.

7. When the heirs should get "control" of their inheritances; for what purpose should funds be made available before then.

8. Who should receive a deceased heir's share; who should receive the trust estate if all of the primary heirs (and their successors) are deceased.

9. Who should serve as trustee/successor trustee; who should have authority to remove/appoint a trustee.

10. Who should be named in the financial and health care powers of attorney; how should the order of priority be selected.