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Will Contest After Probate Distribution in Arizona

Posted on : February 7, 2017, By:  Christopher Hildebrand

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 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

Arizona Trust Property May be Conveyed by a Beneficiary Deed

Posted on : December 17, 2016, By:  Christopher Hildebrand

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 […]

Posted in : Arizona Family Trust

Can Inherited Property Be Included in a Bankruptcy?

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

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 […]

Posted in : Estate Planning Laws

No Contest Provision in a Will or Trust

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

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. […]

Posted in : Arizona Family Trust Last Will and Testament in Arizona

Actions May Constitute Acceptance of a Life Estate

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

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). […]

Posted in : Arizona Family Trust

Can Property Held in a Trust be Transferred by a Beneficiary Deed in Arizona?

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

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. […]

Posted in : Arizona Family Trust

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