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Right of Native Americans to Vote in Arizona | Free Consultation

Posted on : February 9, 2017, By:  Christopher Hildebrand
Right of Native Americans to Vote in Arizona

Right of Native Americans to Vote in Arizona The Arizona constitution lists certain categories of persons who are not permitted to vote. Those disqualified to vote are felons and persons under guardianship, non-compos mentis or insane. An Arizona case held that American Indians fell within the category “persons under guardianship.” For that reason, Native Americans […]

Posted in : Estate Planning Laws

Burden of Proof in an Arizona Guardianship | Free Consultation

Posted on : February 9, 2017, By:  Christopher Hildebrand
Standard of Proof in Arizona

Burden of Proof in an Arizona Guardianship In most states, the courts can appoint a guardian for persons deemed incapacitated. In Arizona, the person seeking the guardianship must prove incapacity by a “preponderance of the evidence.” Some other states use a “clear and convincing” standard. Does the Constitution require that the higher standard is used? […]

Posted in : Estate Planning Laws

Extraordinary Fees to a Conservator in Arizona | Free Consultation

Posted on : February 9, 2017, By:  Christopher Hildebrand
Extraordinary Fees in Arizona

Extraordinary Fees to a Conservator in Arizona Executors generally receive a percentage of the estate as their fee. But they can ask for more money in exceptional circumstances. What kind of situations merit extra pay for executors and their attorneys? The Arizona Court of Appeals discussed this in In Re Estate of Wiswall, 464 P.2d […]

Posted in : Estate Planning Laws

Arizona Estate Valuation | Free Consultation

Posted on : February 9, 2017, By:  Christopher Hildebrand
Arizona Estate Valuation

Arizona Estate Valuation An executor generally receives as compensation a percentage of the total estate value as listed in the inventory. Sometimes there is a dispute over whether a certain asset should be included in the estate value. Should assets be included if they are already in the hands of the beneficiaries? The Arizona Court […]

Posted in : Estate Planning Laws

Debt Nullified on Creditor’s Death in Arizona | Free Consultation

Posted on : February 9, 2017, By:  Christopher Hildebrand
Debt Nullified on Creditors’ Deaths in Arizona

Debt Nullified on Creditor’s Death in Arizona When a couple buys property, they usually pay the mortgage month by month until the entire sum is paid. Is it legal for a real estate contract to provide that no further payments need be made if the sellers die? In Valenzuela v. Anchonda, 527 P. 2d 109 […]

Posted in : Estate Planning Laws

Trustee’s Sole Discretion in Arizona | Free Consultation

Posted on : February 9, 2017, By:  Christopher Hildebrand
Trustee’s Sole Discretion in Arizona

Trustee’s Sole Discretion in Arizona When a person creates a testamentary trust, she can choose the amount of discretion the trustee will have. If she has great faith and confidence in the trustee, she can leave important matters to the trustee’s sole discretion. Is the court required to approve the trustee’s decisions in those matters? […]

Posted in : Arizona Family Trust

Limitations of Trustee’s Sole Discretion in Arizona | Free Consultation

Posted on : February 9, 2017, By:  Christopher Hildebrand
Limitations of Trustee’s “Sole Discretion” in Arizona

Limitations of Trustee’s Sole Discretion in Arizona In Re E. Caplan Trust, 265 P.3d 364 (2011), the Arizona Court of Appeals considered this issue. Facts of the Case E. Caplan died in 1983. Her will created two trusts. One trust was for the benefit of her daughter, Ms. Sova. The other for the benefit of […]

Posted in : Arizona Family Trust

Jurisdiction of Probate Court in Arizona | Free Consultation

Posted on : February 7, 2017, By:  Christopher Hildebrand
Jurisdiction of Probate Court in Arizona

Jurisdiction of Probate Court in Arizona The Superior Court has authority to deal with property ownership questions. But does the Superior Court acting as a probate court rule on matters other than the actual administration of the estate? In Gonzalez v. Superior Court, 570 P.2d 1077 (1977), the Arizona Supreme Court considered this issue. Facts […]

Posted in : Arizona Probate Court Laws

Will Contest After Probate Distribution in Arizona | Free Consultation

Posted on : February 7, 2017, By:  Christopher Hildebrand
Will Contest After Probate Distribution in Arizona

Will Contest After Probate Distribution in Arizona Will contests are usually filed before a will is probated. In Arizona, the statutes permit a will contest after probate in certain situations, including fraud. What type of fraud is necessary to permit a post-probate will contest? In Re Cassidy’s Estate, 270 P.2d 1079 (Ariz. 1954) the Arizona […]

Posted in : Arizona Probate Court Laws

Fraud Resulting in Constructive Trust in Arizona | Free Consultation

Posted on : February 6, 2017, By:  Christopher Hildebrand
Fraud Resulting in Constructive Trust in Arizona

Fraud Resulting in Constructive Trust in Arizona Generally, a probate decree of distribution is a final ruling on all issues involved. However, if the decree is obtained by fraud, the court may impose a constructive trust. This means that the persons taking ownership hold in trust for the rightful owners. In Re Estate of Rose, […]

Posted in : Arizona Family Trust