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Right of Native Americans to Vote in Arizona

Posted on : February 9, 2017, By:  Christopher Hildebrand
Right of Native Americans to Vote in Arizona

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 […]

Posted in : Estate Planning Laws

Burden of Proof in an Arizona Guardianship

Posted on : February 9, 2017, By:  Christopher Hildebrand
Standard of Proof in Arizona

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? […]

Posted in : Estate Planning Laws

Extraordinary Fees to a Conservator in Arizona

Posted on : February 9, 2017, By:  Christopher Hildebrand
Extraordinary Fees in Arizona

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 […]

Posted in : Estate Planning Laws

Debt Nullified on Creditor’s Death in Arizona

Posted on : February 9, 2017, By:  Christopher Hildebrand
Debt Nullified on Creditors’ Deaths in Arizona

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 […]

Posted in : Estate Planning Laws

Limitations of Trustee’s Sole Discretion in Arizona

Posted on : February 9, 2017, By:  Christopher Hildebrand
Limitations of Trustee’s “Sole Discretion” in Arizona

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 in : Arizona Family Trust

Will Contest After Probate Distribution in Arizona

Posted on : February 7, 2017, By:  Christopher Hildebrand
Will Contest After Probate Distribution in Arizona

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 […]

Posted in : Arizona Probate Court Laws

Fraud Resulting in Constructive Trust in Arizona

Posted on : February 6, 2017, By:  Christopher Hildebrand
Fraud Resulting in Constructive Trust in 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, […]

Posted in : Arizona Family Trust

Appealing Court Orders in an Unsupervised Probate

Posted on : January 5, 2017, By:  Christopher Hildebrand
Appealing Court Orders in an Unsupervised Probate

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, […]

Posted in : Arizona Probate Court Laws