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A Totten Trust in Arizona

Posted on : March 6, 2017, By:  Christopher Hildebrand
A Totten Trust in Arizona

A Totten Trust in Arizona A Totten trust is a simplified way to leave a bank account in trust to a beneficiary. Arizona statutes require that a Totten trust be created by a written agreement. What exactly does the law require in terms of a writing? Can a bank account signature card constitute a sufficient […]

Posted in : Arizona Family Trust

Trustee’s Sole Discretion in Arizona

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

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? […]

Posted in : Arizona Family Trust

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

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