The Maricopa County Bar Association Estate Planning Probate and Trust (EPPT) Section announced its February estate planning probate and trust fundamental continuing legal education series. This four-part series is a great introduction to estate planning probate and trust law taught by experienced lawyers and an easy way to get 6 hours of your continuing legal education hours this year.
Register today at the Maricopa County Bar Association.
Fri 2/2/2018 12:00 PM – 1:30 PM
Fri 2/9/2018 12:00 PM – 1:30 PM
Fri 2/16/2018 12:00 PM – 1:30 PM
Fri 2/23/2018 12:00 PM – 1:30 PM
Financial exploitation of vulnerable elderly adults is a serious problem. Many seniors suffer from dementia or Alzheimer’s disease, which limits their ability to protect themselves from abuse, neglect or financial exploitation. It makes them easy targets for unscrupulous caregivers, family members, friends or strangers.
Elder abuse costs about $3 billion dollars a year, according to Mary Mack, the president of Wells Fargo Bank’s brokerage division. Combating exploitation requires new methods of protection. What more can be done to help protect the financial security of our beloved vulnerable senior citizens? Fortunately, there are some new ways.
Beneficiaries beware! The Arizona Court of Appeals has concluded that someone who challenges a trust may be disinherited for violating a “no-contest” clause.
A no-contest or forfeiture clause is a provision included in a will or trust to discourage litigation and disputes. Such provisions have obvious benefits of avoiding litigation and allowing the prompt distribution of trust or estate assets.
But, there are conflicting public policies when it comes to enforcing such clauses. Courts have a strong public policy of enforcing the maker’s intent, including his direction to disinherit someone who challenges the document. Such challenges sometimes waste time and money. A contestant may also use such a challenge to coerce a more favorable disposition in settlement from other beneficiaries than what the maker intended.
On the other hand, forfeiture is generally disfavored. And public policy typically ensures access to the courts to pursue legitimate challenges. Such challenges may include, among other things, that the maker lacked mental capacity, was unduly influenced or defrauded into making the will or trust. In those cases, the document does not reflect the maker’s true intent. If a challenge were not permitted, it would allow the enforcement of a document that does not genuinely set forth the person’s true intent for the disposition of his assets. [Read more…]
Changing jobs can be a lot like moving to a new house. But unlike moving to a new house, when you change jobs you may not always be able to bring all of your “stuff” with you. What you can bring to and use at your new job, and whether you can even begin your new job, may depend largely on the language contained in your employment agreement with your former employer. [Read more…]