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? […]

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 […]

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 […]

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 […]

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, […]