Ilene L McCauley
Legal expertise with a human touch.
Ilene L. McCauley has been a member of the State Bar of Arizona since 1982. She has been certified by the Arizona Board of Legal Specialization as a Certified Specialist in Taxation since 1983. She was named “Top Estate Planning Attorney” in the Valley 2011 through 2019 and has a “superb” rating from AVVO since 2015.
Ms. McCauley is a member of Wealth Counsel. She was selected by the Tax Advisory Commission to serve an appointment on the Tax Advisory Commission of the State Bar of Arizona. She was formerly appointed to the position of Adjunct Professor at the Estate and Wealth Strategies Institute at Michigan State University and has taught advanced tax, business, and estate planning courses via the internet.
Ms. McCauley earned her BA from Binghamton University; her JD from Hofstra University School of Law; her LLM (Masters of Law in Taxation) from DePaul University School of Law and her second post-doctoral degree in Advanced Tax and Estate Planning from the Esperti-Peterson Institute.
- Estate Planning
- Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
- Probate
- Probate Administration, Probate Litigation, Will Contests
- Business Law
- Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
- Tax Law
- Business Taxes, Criminal Tax Litigation, Estate Tax Planning, Income Taxes, International Taxes, Payroll Taxes, Property Taxes, Sales Taxes, Tax Appeals, Tax Audits, Tax Planning
- Zoom
- Credit Cards Accepted
- Arizona
- State Bar of Arizona
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- U.S. Supreme Court
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- English
- Ilene L. McCauley Ltd.
- Current
- Hofstra University
- J.D.
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- DePaul University
- LL.M. | Masters of Law in Taxation
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- Top Lawyers 2020
- North Valley Magazine
- Best Probate Attorneys in Scottsdale
- Expertise
- State Bar of Arizona
- Member
- Current
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- Wealth Counsel
- Member
- Current
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- Certified Specialist in Tax Law
- Arizona Board of Legal Specialization
- Website
- Ilene L. McCauley, Ltd.
- Q. How do I add a family member to my deed as joint tenancy w/right of survivorship. House is free and clear.
- A: There are many ways to own property. Joint tenancy with rights of survivorship is the least efficient from an income tax perspective. You may also need to file a gift tax return if the value you are transferring is more than $15,000. Finally, if the family member ever has financial or legal problems, the property can be at risk. I recommend that you contact a qualified estate planning attorney in your area to discuss your options. There are many other ways to achieve these results without risk to you.
- Q. Is a holographic will valid if the testator is physically disabled, but is dictated and witnessed?
- A: A holographic will may be valid, but they are very often prepared incorrectly. If the holographic will is prepared incorrectly, it may not be approved by the probate court. When that happens the law of default will apply. The family will have to apply for an intestate probate. Intestate means, without a valid Will. It also means that the State of Arizona, and not your loved one, will determine the beneficiaries of the estate. I strongly recommend that you seek the advice of an estate planning attorney. That way your loved one's wishes can be carried out correctly.
- Q. Can a cheque for a discrepancy from my now deceased father's 401k be reissued and deposited to "the Estate of his name"?
- A: I am so sorry for your loss. I have a few questions though. If there is an Executor, a probate would have to be opened. The Letters of Personal Representative would give the company authority to issue the check. Only a court can appoint someone to be the Executor or Personal Representative. If probate hasn't opened, and you are just looking at a Will, I would recommend that you retain the services of a qualified attorney to prepare a 'Small Estate Affidavit' for you. That document will work if we are dealing with an Arizona resident and a small estate. Let me know if you have any other concerns.
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