Estate of Arizona Sample

Arizona sample dossier

6601 E Hearn Rd, Scottsdale, AZ 85254 | APN: 215-60-170 | Maricopa County, Arizona

⚠️ DECEDENT STATUS: NO_DECEDENT. Dan Golden is presumed alive. This is a forward-looking pre-clearance briefing. No post-death obligations, creditor priority sequences, or §14-3801 non-claim periods apply. The 7-section structure is preserved; Section 4 is rendered as MERP/AHCCCS Coordination Pathway.

Section 1 — Estate Summary

This estate presents a single transformative structural fact that dominates all analysis: 6601 E Hearn Rd is no longer individually held real property. On July 9, 2024, Dan Golden conveyed the property via Quit Claim Deed (Recording No. 20240364221) to LIME LFTY0413 DAO LLC, a Wyoming DAO LLC operated through the Lofty.ai blockchain real estate tokenization platform. Simultaneously, 1,000,000,000 LFTY413 tokens were minted on the Algorand blockchain to represent fractional ownership interests. Dan Golden retained a minimum 10% equity stake, committing to hold it indefinitely per Lofty offering disclosures.

The consequence is categorical: Dan Golden's estate interest is now personal property (an LLC membership interest represented by digital tokens), not real property. Standard Arizona wills, pour-over trusts referencing real property descriptions, and beneficiary deeds are inoperative as to this asset. Estate planning must be rebuilt around three intersecting legal regimes that most Arizona estate plans never address simultaneously: (1) Wyoming DAO LLC transfer law, (2) Arizona RUFADAA digital asset fiduciary access (A.R.S. §§ 14-13101–14-13118), and (3) Lofty.ai platform governance. This is the attorney's central mandate.

Section 2 — Risk Assessment

Scored on confirmed findings: 8 dimensions. Scored on insufficient data (UNKNOWN = 5/10 midpoint): 2 dimensions. 8 + 2 = 10.

This is a data-limited, law-rich briefing with confirmed structural risk. Four dimensions score at URGENT (2/10) based on confirmed facts — not data gaps — making this one of the highest-risk estate configurations in the ProbateZero pipeline for a living owner. The two UNKNOWN dimensions (lien search completeness; entity standing) reflect incomplete searches, not confirmed problems. The single highest-leverage action to move this score: obtain the LIME LFTY0413 DAO LLC Operating Agreement. It unlocks Dan Golden's exact equity percentage, transfer restrictions at death, DAO governance protocols, and the Melville Law LLP succession role — all of which are prerequisites to any estate planning instrument.

Section 3 — Property Dossier

Title Classification: 🔴 URGENT

Dan Golden holds no real property interest in 6601 E Hearn Rd. His estate interest is an LLC membership interest in a Wyoming DAO LLC — personal property passing under Wyoming LLC statutes and the DAO Operating Agreement, not under Arizona real property law. Any estate planning document referencing this property by address or legal description will fail to reach the asset. Three independent transfer barriers exist at death: (1) Wyoming LLC operating agreement transfer restrictions and member-consent requirements; (2) Algorand blockchain wallet/custodian access requirements under Arizona RUFADAA (A.R.S. §§ 14-13101–14-13118); and (3) Lofty AI platform governance (or its designated successor, Melville Law LLP).

The property has more than doubled in assessed value since 2022, consistent with post-renovation STR repositioning documented in the Lofty offering materials. Active marketplace and MLS listings price the property at $2,367,000–$2,380,000. The $740,000+ gap between assessed and market value means solvency and MERP exposure calculations are materially sensitive to which figure is used.

⚠️ The due-on-sale clause risk is the most immediately time-sensitive financial risk in this estate. If the 2024 Quit Claim Deed transfer triggered acceleration and the lender has not consented, the mortgage may be in technical default. This analysis must be completed before any estate planning document is drafted around this asset.

Arizona is a community property state (A.R.S. § 25-211). All property acquired during marriage is presumptively community property, owned 50/50 regardless of whose name appears on the deed.

Spousal consent issue: If Dan Golden was married when 6601 E Hearn Rd was acquired, the July 9, 2024 Quit Claim Deed to LIME LFTY0413 DAO LLC required joinder of both spouses under A.R.S. § 25-214(C)(1) (both spouses must join in any disposition or encumbrance of community real property). A transfer without spousal consent is voidable as constructive fraud on the community. The Lofty closing documents (available on the platform's Documents tab) must be reviewed for spousal signatures or a written consent agreement.

IRC § 1014(b)(6) basis step-up: Because Arizona is a community property state and this property was held in Dan Golden's individual name before the 2024 transfer, any appreciation during the marriage would qualify both halves of the community property interest for a full stepped-up basis at the first spouse's death under IRC § 1014(b)(6) — not merely the decedent's half. Now that title is held by a Wyoming LLC, this step-up analysis must be revisited: the double step-up benefit available to community property does not automatically extend to LLC membership interests. Attorney should analyze the tax characterization of the LLC interest (partnership treatment vs. disregarded entity) and whether any step-up benefit is preserved.

STR Revenue Note: Annual gross STR revenue of approximately $215,000–$240,000 (2024) flows through the LLC to its members. Dan Golden's 10%+ share represents approximately $21,500–$24,000 annually — a recurring income stream that must be addressed in any incapacity or estate plan.

Section 4 — MERP/AHCCCS Coordination Pathway

Dan Golden is presumed alive. No MERP claim has accrued. The following is a structuring analysis scoped as a hypothesis: if the beneficial owner were to die enrolled in Arizona Medicaid (AHCCCS/ALTCS), the following recovery exposure would attach.The LLC envelope as a structural variable: Under standard Arizona MERP analysis, LLC-held real property falls outside the probate estate and thus outside standard MERP reach — the LLC is a separate legal entity. However, Arizona has expanded MERP scope (A.R.S. § 36-2935), and AHCCCS's contractor (HMS/Gainwell) actively asserts claims against assets passing outside probate. If AHCCCS characterizes Dan Golden's LLC membership interest as a recoverable non-probate asset, the recovery surface is not the real property but his equity stake in the LLC. This is an unsettled question that requires a written legal opinion before any Medicaid planning is undertaken.

Quantified hypothetical exposure:

Look-back clock: The July 9, 2024 Quit Claim Deed is the most recent material ownership change. Any AHCCCS/ALTCS application filed before July 9, 2029 sweeps the 2024 LLC transfer into the look-back window for scrutiny. Attorney must confirm AHCCCS benefit history immediately.

Charging order protection: Under A.R.S. § 29-3503, a personal judgment creditor of an LLC member is limited to a charging order against the member's distributional interest — they cannot attach underlying LLC assets directly. This protection does not operate identically against MERP recovery, which proceeds under a separate expanded statutory framework (A.R.S. § 36-2935).

The 60-month ALTCS look-back begins from the date of any disqualifying transfer. The look-back window for the July 9, 2024 QCD expires July 9 [citation-unverified: unknown reporter 'QCD expires July'], 2029. Any AHCCCS/ALTCS application filed before that date sweeps this transfer into scrutiny. Attorney should note this date prominently in the client file and confirm immediately whether any AHCCCS enrollment exists.

Before any estate planning document is finalized around this asset, the attorney should:

1. Confirm no current or prior AHCCCS/ALTCS enrollment — if enrollment is anticipated, conduct look-back analysis before the 2024 transfer clock expires. 2. Review the DAO Operating Agreement for trust-ownership provisions — determine whether an irrevocable trust can hold LLC membership interests, which would add a structuring layer outside both probate and standard MERP reach. 3. Evaluate Arizona's expanded MERP scope against Wyoming DAO LLC interests in a written legal opinion — this is unsettled law that cannot be resolved by analogy to standard probate analysis. 4. Assess the STR income stream (~$21,500–$24,000 annually at 10%+) for Medicaid income-attribution implications if ALTCS enrollment is ever sought.

Section 5 — Document Deficiencies

No will has been reviewed. Arizona requires a valid will to be: (1) in writing, (2) signed by the testator, and (3) signed by at least two witnesses (A.R.S. § 14-2502). A holographic will (A.R.S. § 14-2503) requires material portions in the testator's handwriting and the testator's signature — no witnesses required. Arizona has not enacted an electronic will statute as of 2026. Any digital estate planning tool Dan Golden may have used would be invalid under Arizona law.

Critical content gap: Any existing will identifying 6601 E Hearn Rd by address or legal description will not reach Dan Golden's actual estate interest. The asset is LFTY413 tokens (an LLC membership interest), not real property. The will must expressly address: (a) LLC membership interests in Wyoming entities; (b) digital assets including blockchain-held tokens; (c) RUFADAA fiduciary authority for the personal representative to access the Algorand wallet (A.R.S. §§ 14-13101–14-13118, three-tier priority: online tool → estate plan document → terms of service).

Affected Asset: 6601 E Hearn Rd / LIME LFTY0413 DAO LLC membership interest (LFTY413 tokens)

If Dan Golden has a revocable living trust intended to hold this property, it is now unfunded as to the real property — the July 2024 deed removed it from his individual name. The new question is whether the trust expressly captures LLC membership interests and digital tokens. Arizona courts consistently hold that trusts without retitled assets do not control asset distribution (A.R.S. § 14-10501).

The cure is a formal Assignment of LLC Membership Interest from Dan Golden to the trust, executed in accordance with the DAO Operating Agreement's transfer and assignment provisions. A Schedule A amendment to an existing trust instrument is not a valid legal transfer — it does not constitute assignment of an LLC membership interest under Arizona or Wyoming law. The Operating Agreement must be reviewed for co-member consent requirements before any assignment is attempted.

If Dan Golden has a pour-over will (A.R.S. § 14-2511), it must be reviewed for language broad enough to capture LLC membership interests and digital tokens — not merely real property descriptions. A pour-over will referencing "all real property" or naming 6601 E Hearn Rd by address will not reach the LFTY413 LLC membership interest.

Arizona does not default POAs to durable status — express durability language is required under A.R.S. § 14-5501 to survive the principal's incapacity. Any existing DPOA must be reviewed for:

• Express durability language (A.R.S. § 14-5501(B) — required; not implied by Arizona law)
• RUFADAA digital asset access authority — express authorization to access the Algorand wallet holding LFTY413 tokens (A.R.S. §§ 14-13101–14-13118)
• LLC management authority — express authorization to vote, manage, and act on LIME LFTY0413 DAO LLC governance matters during incapacity
• Blockchain-specific provisions — securely documented wallet credentials, Algorand account identifiers, and Lofty platform/custodian contacts accessible to the agent

An incapacity scenario without these provisions leaves Dan Golden's 10%+ LLC membership interest and ~$21,500–$24,000 in annual STR income without an authorized manager.

Section 6 — 30-Action Checklist

1. Obtain the full LIME LFTY0413 DAO LLC Operating Agreement from Lofty.ai's asset documentation portal; identify Dan Golden's exact membership percentage, transfer restrictions at death, co-member consent requirements, and Melville Law LLP's governance role. 2. Pull the deed of trust from the Maricopa County Recorder against APN 215-60-170; confirm the borrower of record (Dan Golden personally vs. the LLC) and review due-on-sale clause language to determine whether lender consent was obtained for the July 2024 QCD transfer. 3 [citation-unverified: unknown reporter 'QCD transfer.']. If the 2024 QCD triggered the due-on-sale clause without lender consent, contact the lender immediately to assess default risk and cure options before any further estate planning actions are taken on this asset. 4. Run a production lien search against Dan Golden personally via Maricopa County Superior Court judgment index, IRS federal tax lien index, and Arizona Secretary of State UCC filings. 5. Run a production lien search against LIME LFTY0413 DAO LLC via Maricopa County Superior Court, Arizona Secretary of State UCC, and Wyoming Secretary of State UCC filings (formation state). 6. Conduct a full Maricopa County Recorder grantor/grantee name search for APN 215-60-170 covering all instruments from 2020 to present; confirm the intermediate deed chain and identify all recorded deeds of trust. 7. Confirm Dan Golden's current AHCCCS/ALTCS benefit status; if any benefits have been received, assess the look-back impact of the July 9, 2024 LLC transfer immediately — the look-back window expires July 9, 2029. 8. Review any existing will for express coverage of LLC membership interests and blockchain digital assets; an instrument referencing real property by address will not reach the LFTY413 tokens — flag for immediate revision. 9. Review any existing Durable POA for express durability language (A.R.S. § 14-5501), RUFADAA digital asset access authority (A.R.S. §§ 14-13101–14-13118), and LLC management provisions; if absent, draft a replacement. 10. Confirm Dan Golden's marital status; if married, obtain the Lofty closing documents to verify whether a spouse joined in the July 2024 QCD or executed written spousal consent under A.R.S. § 25-214(C)(1).

11. Obtain a current payoff statement from the mortgage lender; compare against the mid-2024 Lofty disclosure balance of $1,535,586 to confirm the current outstanding obligation. 12. Verify LIME LFTY0413 DAO LLC's Wyoming good standing at the Wyoming Secretary of State (annual reports and registered agent status). 13. Verify whether LIME LFTY0413 DAO LLC is registered as a foreign LLC with the Arizona Corporation Commission (A.R.S. § 29-3902); if not, file the application and assess any prior exposure. 14. Draft or revise Dan Golden's will to expressly address LLC membership interests in Wyoming entities, LFTY413 blockchain tokens on the Algorand network, RUFADAA fiduciary access authority, and wallet credential access procedures. 15. If Dan Golden has a revocable living trust, execute a formal Assignment of LLC Membership Interest (in accordance with the DAO Operating Agreement's transfer provisions); confirm whether co-member consent is required before the assignment is made. 16. Confirm with Lofty AI, Inc. and Melville Law LLP the required procedure for estate or trust ownership of LFTY413 tokens — the platform must recognize the transfer vehicle for any estate plan to function. 17. Securely document Algorand wallet credentials, the account address holding LFTY413 tokens, and any custodian or recovery phrase; store in a manner accessible to a designated fiduciary but protected from general access. 18. Conduct a full title chain search for the period 2020–2024 to resolve the gap between the prior registrant and the 2024 LLC grantee; obtain copies of all recorded instruments. 19. Confirm Dan Golden's age and legal capacity at the time of the July 9, 2024 QCD execution; rule out any A.R.S. § 46-456 (financial exploitation of a vulnerable adult) concern arising from the voluntary transfer of a $1.5M+ property to a blockchain DAO LLC. 20. If Dan Golden was married and spousal consent was not obtained for the July 2024 QCD, assess the transaction's validity under A.R.S. § 25-214(C)(1) and advise on cure options (ratification, corrective deed with spousal signature, or declaratory action).

21. Run an Arizona Secretary of State UCC fixture filing search for solar or equipment liens against LIME LFTY0413 DAO LLC, the prior registrant, and Dan Golden; solar leases commonly generate UCC-1 fixture filings that survive deed transfers. 22. Pull the Thunderbird East Unit Three subdivision CC&Rs (MCR 188-33) from the Maricopa County Recorder; confirm HOA status and obtain an estoppel letter if any active HOA exists. 23. Confirm the current STR license for 6601 E Hearn Rd is registered in LIME LFTY0413 DAO LLC's name; run a municipal code enforcement and STR compliance search for any outstanding violations or liens from prior registrations. 24. Obtain a formal market appraisal or broker price opinion to establish a reliable current market value; the gap between assessed value ($1,627,500) and listing price (~$2,380,000) is $750,000+ and is material to MERP exposure and any estate planning valuation. 25. Assess the IRC § 1014(b)(6) community property double basis step-up analysis in the context of LLC membership interests; determine whether the tax benefit preserved in individual community property ownership has been extinguished by the LLC transfer and advise Dan Golden on the income-tax implications of any future sale. 26. Review the LIME LFTY0413 DAO LLC Operating Agreement for buy-out, forced-liquidation, or redemption triggers at a member's death or incapacity; confirm that Golden's estate or trust would not face a forced redemption at an unfavorable valuation. 27. Obtain a written legal opinion on whether Arizona's expanded MERP scope under A.R.S. § 36-2935 reaches Wyoming DAO LLC membership interests held by an Arizona resident; this is unsettled law and cannot be resolved by analogy to standard probate analysis. 28. Consult Wyoming-licensed counsel regarding the DAO Operating Agreement's death-and-transfer provisions, member consent requirements, and the interaction between Wyoming DAO LLC law (Wyoming Stat. § 17-31-101 et seq.) and Arizona probate administration. 29. Establish an annual estate value monitoring calendar: the property has appreciated from $759,100 (2022) to $1,666,100 (2027 notice); if Dan Golden holds additional assets, monitor cumulative estate value against the federal estate tax threshold (IRC § 2010, $15M/person — Arizona has no state estate tax). 30. Confirm that title insurance was obtained at the time of the July 2024 LLC transfer (Quit Claim Deed conveys no title warranties); if no title policy exists on the LLC's interest, evaluate whether a retroactive endorsement or new policy is available given the chain of title gap.

Section 7 — Attorney Action Items

1. Due-on-Sale Clause Investigation (Most Time-Sensitive) The July 9, 2024 Quit Claim Deed transfer to LIME LFTY0413 DAO LLC may have triggered the mortgage's due-on-sale clause. Under standard deed of trust language, a transfer of title to an entity without lender consent can accelerate the full loan balance. The $1,535,586 mortgage may be technically due and payable. Pull the deed of trust from the Maricopa County Recorder, confirm the borrower of record, and contact the lender before any further estate planning steps are taken. (Source: title risk analysis Finding 3; Correlation Report Gap G-1)

2. DAO Operating Agreement Review All estate planning for this asset is contingent on the terms of the LIME LFTY0413 DAO LLC Operating Agreement. Key provisions needed: Dan Golden's exact membership percentage, membership interest transferability at death, co-member consent requirements, buy-out triggers, token-weighted governance mechanics, and Melville Law LLP's governance fallback role. Contact Lofty AI, Inc. directly to obtain the agreement. (Source: All three agents — confirmed across document analysis, creditor exposure analysis, title risk analysis)

3. Estate Plan Reconstruction for LLC + Digital Asset Structure Rebuild Dan Golden's estate plan around three intersecting legal regimes: - Wyoming LLC law (Wyoming Stat. § 17-31-101 et seq.): Membership interest transferability, assignment restrictions, estate/trust as permitted member - Arizona RUFADAA (A.R.S. §§ 14-13101–14-13118): Express fiduciary access authority in will, trust, and DPOA for LFTY413 Algorand tokens; three-tier priority framework (online tool → estate plan document → terms of service) - Lofty platform governance: Platform and Melville Law LLP must recognize the transfer vehicle — individual estate, revocable trust, or irrevocable trust

Any existing estate plan referencing the real property address is inoperative as to this asset. A revised will, a formal LLC membership interest assignment, and a RUFADAA-compliant DPOA are the minimum required instruments. (Source: document analysis Findings 2, 5, 8; Correlation Report R-2, G-5)

4. Community Property Spousal Consent Verification If Dan Golden was married when the property was acquired, both spouses were required to join in the July 2024 QCD under A.R.S. § 25-214(C)(1). A transfer without spousal consent is voidable as constructive fraud on the community (A.R.S. § 25-211). Obtain and review the Lofty closing documents. If a spouse did not sign, advise on cure options. (Source: document analysis Finding 9; Correlation Report R-8)

5. AHCCCS Benefit History Confirmation The July 9, 2024 LLC transfer falls within any future 60-month AHCCCS/ALTCS look-back window (expiration: July 9, 2029). Confirm immediately whether Dan Golden has received or is currently enrolled in any AHCCCS benefits. If enrolled, assess the transfer under A.R.S. § 36-2935 and advise on Arizona's expanded MERP scope against non-probate LLC membership interests. (Source: document analysis Finding 7; creditor exposure analysis §5; Correlation Report R-5)

6. Production Lien Searches All automated lien search results are mock/test data and are unreliable. The only confirmed encumbrance is the $1,535,586 mortgage from Lofty disclosure. Run independent production searches — Maricopa County Superior Court (judgment liens), IRS (federal tax liens), Arizona Secretary of State UCC, and Wyoming Secretary of State UCC — against both Dan Golden personally and LIME LFTY0413 DAO LLC. (Source: creditor exposure analysis §3C; title risk analysis Finding 3; Correlation Report R-9)

7. Title Chain and Foreign LLC Registration (a) Run a full Maricopa County Recorder grantor/grantee name search 2020–present to resolve the prior registrant → Dan Golden → LLC chain gap; if an intermediate deed was not recorded, there is a break in the chain of title. (b) Verify LIME LFTY0413 DAO LLC's registration as a foreign LLC with the Arizona Corporation Commission (A.R.S. § 29-3902) — an unregistered foreign LLC cannot pursue legal actions in Arizona courts, which is material if the LLC must defend title or facilitate an estate transfer. (Source: title risk analysis Findings 2, 11; Correlation Report G-2, G-3)

8. Elder Capacity Review Confirm Dan Golden's age and legal capacity at the time of the July 9, 2024 QCD execution. The voluntary conveyance of a $1.5M+ property to a blockchain DAO LLC warrants a review for any Arizona Protective Services matter or proceeding under A.R.S. § 46-456 (financial exploitation of a vulnerable adult). (Source: title risk analysis Finding 9)

9. STR and Subdivision Compliance Confirm the current STR license is registered in LIME LFTY0413 DAO LLC's name; run a municipal code enforcement search for outstanding liens or violations. Pull Thunderbird East Unit Three CC&Rs (MCR 188-33) to confirm HOA status; if active, obtain an estoppel letter. (Source: Correlation Report G-4; title risk analysis Finding 8)

10. Annual Estate Value Monitoring The property has appreciated 120%+ since 2022. If Dan Golden holds additional assets, monitor cumulative estate value annually against the federal estate tax threshold (IRC § 2010, $15M/person). Arizona has no state estate tax. (Source: document analysis Finding 6; creditor exposure analysis §2)

This briefing is for informational purposes only and does not constitute legal advice. AI-generated analysis should be independently verified by a licensed Arizona attorney. For matters involving Wyoming DAO LLC law and the LIME LFTY0413 DAO LLC Operating Agreement, Wyoming-licensed counsel should also be engaged. Statute citations are to Arizona Revised Statutes as of 2026; confirm current codification at azleg.gov before relying on them in practice.

Citation Validation Summary

Validated 3 citation(s). 3 unverified: - `2024 LLC transfer within any future 60` — unknown reporter 'LLC transfer within any future' - `2024 QCD expires July 9` — unknown reporter 'QCD expires July' - `2024 QCD transfer. 3` — unknown reporter 'QCD transfer.'