Sacks Tierney P.A.

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Moffatt Speaks on Arizona Community Property Issues

On September 15, 2016, Sacks Tierney attorney Phoebe Moffatt presented “Community Property Issues in Arizona” to an audience of more than 50 attorneys at a CLE seminar hosted by National Bank of Arizona.

In her presentation, Ms. Moffatt contrasted the arguments of community property versus separate property in four contexts:

  • marital dissolution;

  • probate, after the death of the first spouse;

  • enforcement of a creditor’s judgment of a debtor spouse against the assets of the non-debtor spouse; and

  • stepped-up basis on the survivor’s assets at the first death.

Ms. Moffatt also discussed the ethical issues arising when attorneys represent both spouses regarding their community property rights, and the concerns regarding transmutation agreements between spouses during the marriage.

Ms. Moffatt is a Fellow of the American College of Trust and Estate Counsel (ACTEC).