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? […]

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 […]

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, […]

Appealing Court Orders in an Unsupervised Probate When Arizona adopted the Uniform Probate Code, probate procedure changed. The new law permits unsupervised probate proceedings in addition to supervised proceedings. In supervised proceedings, the court oversees the entire probate. In unsupervised proceedings, the personal representative only brings difficult questions to the court. In a supervised proceeding, […]