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Enforcement of Penalty Clauses in Arizona Estate Plans

Posted on : December 6, 2016, By:  Christopher Hildebrand

Enforcement of Penalty Clauses in Arizona Estate Plans A penalty clause in a will disinherits anyone who challenges the will. Under Arizona law, penalty clauses are upheld unless the person challenging a will has probable cause to do so. What constitutes probable cause to challenge a will? The Court of Appeals considered this issue in […]

Posted in : Arizona Probate Court Laws Estate Planning Laws

Mistakes Made in a Will in Arizona

Posted on : December 6, 2016, By:  Christopher Hildebrand

Mistakes Made in a Will in Arizona Probate courts interpret provisions in a will to fulfill the intention of the person making the will, referred as the testator of the will. What if evidence suggests that the testator did not write what he meant to write? Does the court attempt to correct the error or […]

Posted in : Arizona Probate Court Laws Last Will and Testament in Arizona

Can an Executor Name Another Executor in Arizona?

Posted on : December 6, 2016, By:  Christopher Hildebrand

Can an Executor Name Another Executor in Arizona? When a will names two co-executors, does one who cannot serve have the right to name a successor executor? Or does the remaining executor serve alone? The Arizona Supreme Court considered this issue in Isaak v. Superior Court, 443 P. 2d 911 (1968). Facts and Background Mrs. Fast […]

Posted in : Arizona Probate Court Laws

Duties of Executor of Last Will and Testament in Arizona

Posted on : December 6, 2016, By:  Christopher Hildebrand

Duties of Executor of Last Will and Testament in Arizona Some court cases treat one or two big legal issues. Other times, the Arizona Court of Appeals must decide a smattering of smaller legal issues, which was the case in case of Estate of Nolan, 108 P.2d 391 (1940). In the Nolan case, the Arizona […]

Posted in : Last Will and Testament in Arizona

Deadman Statute in Arizona

Posted on : December 5, 2016, By:  Christopher Hildebrand

Corroborating Evidence under Arizona’s Deadman’s Statute Arizona’s “deadman’s statute” prevents someone from making a claim against a decedent’s estate based entirely on an oral agreement. A claimant can only testify about an oral agreement with a decedent if he offers supporting evidence. What kind of evidence is required? The Arizona Court of Appeals considered this […]

Posted in : Arizona Probate Court Laws