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Requiring a Bond from a Former Personal Representative in Arizona

Posted on : April 4, 2017, By:  Christopher Hildebrand
Posting a Bond for a Personal Representative.

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 […]

Posted in : Estate Planning Laws

Joint Tenancy and Old Age Assistance in Arizona

Posted on : March 14, 2017, By:  Christopher Hildebrand
Joint Tenancy and Old Age Assistance

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 […]

Posted in : Arizona Community Property

Involuntary Admission to a Mental Hospital

Posted on : March 14, 2017, By:  Christopher Hildebrand
Involuntary Admission to a Mental Hospital

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? […]

Posted in : Arizona Guardianship Laws

Separate Property Versus Joint Property in an Arizona Estate

Posted on : March 14, 2017, By:  Christopher Hildebrand
Separate Property Versus Joint Property in an Arizona Estate

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 […]

Posted in : Estate Planning Laws

What is a First Deed of Trust in Arizona?

Posted on : January 17, 2017, By:  Christopher Hildebrand
What is a First Deed of Trust in Arizona

What is a First Deed of Trust in Arizona? Under Arizona law, a first deed of trust has priority over a lien. Does “first” refer to the first deed that is recorded or the first-in-time of any instrument recorded? In Cypress on Sunland Homeowners Ass’n v. Orlandini, 253 P.3d 288 (2011) the Arizona Court of […]

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