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Arizona Trust Property May be Conveyed by a Beneficiary Deed | Free Consultations

Posted on : December 17, 2016, By:  Christopher Hildebrand
Arizona Trust Property May be Conveyed by a Beneficiary Deed

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 […]

Posted in : Arizona Family Trust

Can Inherited Property Be Included in a Bankruptcy in Arizona

Posted on : December 6, 2016, By:  Christopher Hildebrand

Can Inherited Property Be Included in a Bankruptcy in Arizona 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 […]

Posted in : Estate Planning Laws

No Contest Provision in a Will or Trust in Arizona | Free Consultations

Posted on : December 6, 2016, By:  Christopher Hildebrand

No Contest Provision in a Will or Trust in Arizona 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 […]

Posted in : Arizona Family Trust Last Will and Testament in Arizona

Actions May Constitute Acceptance of a Life Estate in Arizona

Posted on : December 6, 2016, By:  Christopher Hildebrand

Actions May Constitute Acceptance of a Life Estate in Arizona 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 […]

Posted in : Arizona Family Trust

Can Property Held in a Trust be Transferred by a Beneficiary Deed in Arizona?

Posted on : December 6, 2016, By:  Christopher Hildebrand

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. […]

Posted in : Arizona Family Trust

Enforcement of Penalty Clauses in Arizona Estate Plans | Free Consultations

Posted on : December 6, 2016, By:  Christopher Hildebrand

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 […]

Posted in : Arizona Probate Court Laws Estate Planning Laws

Attorney Client Privilege for a Trustee in an Arizona Probate Case

Posted on : December 6, 2016, By:  Christopher Hildebrand

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 […]

Posted in : Arizona Probate Court Laws

Mistakes Made in a Will in Arizona | Free Consulations

Posted on : December 6, 2016, By:  Christopher Hildebrand

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 […]

Posted in : Arizona Probate Court Laws Last Will and Testament in Arizona

Can an Executor Name Another Executor in Arizona?

Posted on : December 6, 2016, By:  Christopher Hildebrand

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 […]

Posted in : Arizona Probate Court Laws

Duties of Executor of Last Will and Testament in Arizona

Posted on : December 6, 2016, By:  Christopher Hildebrand

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 […]

Posted in : Last Will and Testament in Arizona