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 […]

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? […]

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 […]

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 […]

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 […]