Posted on : February 9, 2017
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 on : February 6, 2017
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 on : January 17, 2017
What is a First Deed of Trust in Arizona? Under Arizona law, a first deed of trust has priority over a lien. Does “first” refer to the first deed that is recorded or the first-in-time of any instrument recorded? In Cypress on Sunland Homeowners Ass’n v. Orlandini, 253 P.3d 288 (2011) the Arizona Court of […]
Posted on : December 17, 2016
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 on : December 6, 2016
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. […]