In Estate of King, the Arizona Court of Appeals ruled that Arizona Revised Statute 20-1131(A)* (protecting life insurance proceeds from creditor ... Read More
PROBATE LITIGATION
GUARDIANSHIP CREATES INFERENCE OF LACK OF CAPACITY
In probate law, the law presumes that a person has testamentary capacity. Testamentary capacity is the mental state someone must have to adopt a valid ... Read More
INCOMPLETE WILL IS VALID, ARIZONA COURT HOLDS
An Arizona court holds that a will that refers to a list still valid, even if the list is actually not attached. So we ask, is an incomplete will and ... Read More
COMMUNITY PROPERTY INTEREST UPHELD IN PROBATE
Under community property law, each spouse owns one-half of all community property. Community property is generally any property earned or received ... Read More
SENIOR EXPLOITATION, ABUSE AND NEGLECT CASES
Senior exploitation, abuse and neglect of seniors appears to be a costly problem. In September 2010, the U.S. Government Accountability Office (“GAO”) ... Read More
“NO CONTEST” CLAUSE MAY DISCOURAGE WILL OR TRUST CONTEST
In this post, I will explain how a “no contest” clause may be used to defend against an estate, probate, will or trust contest in Arizona. Peace of ... Read More
