- GuardianshipRobert M. Way is a Partner who practices in the firm’s estate planning and estate litigation sections. Robert began his education at Boston University – Tanglewood Institute of Music, then onto the University of San Diego (Bachelor’s Degree in Philosophy), and finally Thomas Jefferson School of Law, in San Diego, California, where he received his Juris Doctor degree in 2001. Mr. Way’s practice focuses on estate planning, probate and trust administration, guardianship and conservatorship, elder law, corporate representation, and probate and end-of-life litigation. Also, his work occasionally includes Catholic estate planning, where he advises both individuals and clergy on the interaction and integration of canon law and civil law in one’s estate plan. Robert is licensed in both Arizona and the District of Columbia.
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- Business DisputesThom has tried over 80 jury trials to verdict, in all areas of Employment Law, Wage & Hour, and National Labor Relations Board matters. Additionally, he is a Mediator/Trainer for the Arizona Civil Rights Division of the Arizona Attorney General’s Office. As a lecturer, Thom teaches Business Law, The U.S. Constitution History, Organizational Ethics and Human Resource Management Classes at the University of Phoenix and was an Adjunct Professor in Labor Law at Pima Community College. He is a Fellow of the College of Labor & Employment Lawyers, and is a member of the American Board of Trial Advocates.
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- Personal InjuryLikewise, if my son owns the property with me as a Joint Tenant and then he becomes involved in an auto accident, I can be reasonably certain that my residence will be subject to a judgment creditor arising from an almost sure to follow personal injury lawsuit. Certainly, this makes me think twice about whether I would want to subject my assets to my son’s or any joint tenant’s creditors.
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- Estate PlanningJoint Tenancy is truly the “hypocrite” of all estate planning techniques because it appears deceptively simple and predictable, yet problematic upon closer inspection. All too often, one who uses joint tenancy buys into the lie that because property will eventually transfer to the survivor of two joint tenants upon the death of the first, that Joint Tenancy is truly the “Holy Grail” in estate planning. But this is far from the truth.
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- TrustsA joint tenancy can be destroyed known as severance. A joint tenancy is severed by (a) mortgage or creation of a deed of trust, (b) transfer to a revocable or irrevocable trust, (c) contract to convey the property, or (d) destruction of one or more of the four unities; and the result is the failure of the right of survivorship.
- Power of AttorneyIf, in the above example, mom became incapacitated and dad wanted to sell the residence, he would not have the authority to do so unless there was a separate agency document e.g., a Financial Power of Attorney, that named dad as mom’s agent. (This would also require that the Power of Attorney grant dad the authority to sell the house, and likely make a gift to himself.)
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