Arizona Trust Property May Be Conveyed by a Beneficiary Deed The Arizona Court of Appeals recently considered for the first time in Arizona whether Arizona trust property may be conveyed by a beneficiary deed. The court answered no in the matter of In Re Augusta Ganoni, No. 1 CA-CV 14-0240 (App. 2015). Ganoni executed a […]

Can Inherited Property Be Included in a Bankruptcy? Under Arizona law, property a debtor acquires within 180 days of filing bankruptcy is part of the bankruptcy estate. The property may be acquired by “bequest, inheritance, or devise”. What if a debtor receives property through a beneficiary deed? In the case of In re Jones Bankruptcy., 487 […]

No Contest Provision in a Will or Trust Under Arizona law, will clauses that disinherit those who contest the will are called in terrorem clauses. Are these clauses illegal or enforceable? In the case of In re Estate of Stewart, 286 P.3d 1089 (2012), the Court of Appeals considered the matter of in terrorem clauses. […]

Actions May Constitute Acceptance of a Life Estate Under Arizona law, someone bequeathed a life estate can either accept it or disclaim it. Can a person getting a life estate lose her right to disclaim it by first accepting it? The Court of Appeals considered this issue in Estate of Gardner, 283 P.3d 676 (2012). […]

Can Property Held in a Trust be Transferred by a Beneficiary Deed in Arizona? The Arizona Court of Appeals recently considered for the first time in Arizona whether Arizona trust property may be conveyed by a beneficiary deed. The court answered, no in the matter of In Re Augusta Ganoni, No. 1 CA-CV 14-0240 (App. […]

Enforcement of Penalty Clauses in Arizona Estate Plans A penalty clause in a will disinherits anyone who challenges the will. Under Arizona law, penalty clauses are upheld unless the person challenging a will has probable cause to do so. What constitutes probable cause to challenge a will? The Court of Appeals considered this issue in […]

Attorney-Client Privilege for a Trustee in an Arizona Probate Case The attorney-client privilege precludes attorneys from revealing communications with clients without their permission. What happens when the client claiming the attorney-client privilege is a trustee who wishes to prevent trust beneficiaries from seeing documents in the attorney’s file? Does it matter that the trustee paid […]

Mistakes Made in a Will in Arizona Probate courts interpret provisions in a will to fulfill the intention of the person making the will, referred as the testator of the will. What if evidence suggests that the testator did not write what he meant to write? Does the court attempt to correct the error or […]

Can an Executor Name Another Executor in Arizona? When a will names two co-executors, does one who cannot serve have the right to name a successor executor? Or does the remaining executor serve alone? The Arizona Supreme Court considered this issue in Isaak v. Superior Court, 443 P. 2d 911 (1968). Facts and Background Mrs. Fast […]

Duties of Executor of Last Will and Testament in Arizona Some court cases treat one or two big legal issues. Other times, the Arizona Court of Appeals must decide a smattering of smaller legal issues, which was the case in case of Estate of Nolan, 108 P.2d 391 (1940). In the Nolan case, the Arizona […]