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 […]

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 […]

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 […]

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, […]