Moffatt Speaks on Arizona Community Property
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:
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