Requiring a Bond from a Former Personal Representative in Arizona The probate court can require that a personal representative post bond. It can do this even if the will waives bond. It can also remove the personal representative. But can the probate court require that a personal representative post a bond after removing him from […]

Joint Tenancy and Old Age Assistance in Arizona Arizona allows its aging residents to apply for a pension under the Old Age Assistance program. They are only eligible for the pension if they meet certain economic requirements. These include a maximum dollar value of an applicant’s home. If an applicant owns a home in joint […]

Involuntary Admission to a Mental Hospital When a person cannot take care of himself, the court appoints a conservator or guardian to make decisions for him. The conservator can act for and in the place of the ward. Can the conservator sign a petition for voluntary admission to a mental hospital in the ward’s name? […]

Separate Property versus Joint Property in an Arizona Estate Arizona is a community property state. That means that all money earned during the marriage by either spouse belongs to both spouses equally. Money earned before marriage is separate property, and spouses can elect to hold common property as joint property instead of community property. The […]

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, […]

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 […]

Can Inherited Property Be Included in a Bankruptcy? Under Arizona law, property a debtor acquires within 180 days of filing bankruptcy is part of the bankruptcy estate. The property may be acquired by “bequest, inheritance, or devise”. What if a debtor receives property through a beneficiary deed? In the case of In re Jones Bankruptcy., 487 […]

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. […]

Actions May Constitute Acceptance of a Life Estate Under Arizona law, someone bequeathed a life estate can either accept it or disclaim it. Can a person getting a life estate lose her right to disclaim it by first accepting it? The Court of Appeals considered this issue in Estate of Gardner, 283 P.3d 676 (2012). […]

Can Property Held in a Trust be Transferred by a Beneficiary Deed in Arizona? 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. […]