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Ratification of Voidable Marriage in Arizona

Posted on : September 12, 2016, By:  Christopher Hildebrand
Ratification of Voidable Marriage in Arizona

Ratification of Voidable Marriage in Arizona In Arizona, a person must be 18 years old or older to consent to a marriage. However, in some states parents or even stepparents can provide permission. What happens when a minor marries in another state and seeks to void the marriage year later in Arizona? In Medlin v. […]

Posted in : Arizona Divorce Laws , Leave a comment

No Contest Provision in a Will or Trust

Posted on : September 12, 2016, By:  Christopher Hildebrand
No Contest Provision in a Will or Trust

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 : Estate Planning Laws , Leave a comment

Can Inherited Property Be Included in a Bankruptcy

Posted on : September 12, 2016, By:  Christopher Hildebrand
Can Inherited Property Be Included in a Bankruptcy

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 , Leave a comment

Full Faith and Credit Clause Requires Personal Jurisdiction in Divorce Cases

Posted on : September 12, 2016, By:  Christopher Hildebrand
Full Faith and Credit Clause Requires Personal Jurisdiction in Divorce Cases

Full Faith and Credit Clause Requires Personal Jurisdiction in Divorce Cases The U.S. Constitution requires that every state give full faith and credit to other state judgments. That means that courts must enforce out-of-state rulings to the same extent as their own. However, that only applies if the court that made the ruling had proper […]

Posted in : Arizona Child Support Laws , Leave a comment

Child Support in a Bank Account Are Exempt From Execution by a Creditor

Posted on : September 12, 2016, By:  Christopher Hildebrand
Child Support in a Bank Account are Exempt From Execution by a Creditor

Child Support in a Bank Account Are Exempt from Execution by a Creditor Arizona exempts 75% of a debtor’s disposable earnings in bankruptcy. This means the debtor can keep 75% of his or her earnings, calculated after tax withholding. Does this include wages that have already been deposited in the bank? Or only wages that […]

Posted in : Arizona Child Support Laws , Leave a comment

Use of the UCCJEA in Dependency Cases in Arizona

Posted on : September 12, 2016, By:  Christopher Hildebrand
Use of the UCCJEA in Dependency Cases in Arizona

Use of the UCCJEA in Dependency Cases in Arizona Under Arizona law, a dependent child is one whose parents are not taking appropriate care of him/her. It includes a child who is destitute or not provided with the necessities of life. It also includes a child whose home is unfit. This could be because of […]

Posted in : Arizona Child Custody Laws , Leave a comment

A Spouse May Not Unilaterally Change Joint Property to Community Property

Posted on : September 12, 2016, By:  Christopher Hildebrand
A Spouse May Not Unilaterally Change Joint Property to Community Property

A Spouse May Not Unilaterally Change Joint Property to Community Property In Arizona, all property acquired by a couple after marriage is presumed to be community property. However, a couple can formally agree to hold real property as joint tenants. Can one spouse decide to reconvert the joint property to community property without the other […]

Posted in : Arizona Community Property Laws , Leave a comment

Adoption and Putative Father Registry

Posted on : September 12, 2016, By:  Christopher Hildebrand
Adoption and the Putative Father Registry

Adoption and Putative Father Registration In Arizona, a man who hasn’t yet proved paternity can register as a putative father on the Putative Father Registry in Arizona to protect his parenting rights. He can also file for a determination of paternity. State laws allow adoption without a father’s consent if a father waives his rights. […]

Posted in : Arizona Paternity Laws , Leave a comment

Returned Certified Mail Insufficient to Provide Notice in a Probate Case

Posted on : September 12, 2016, By:  Christopher Hildebrand
Returned Certified Mail Insufficient to Provide Notice in a Probate Case

Returned Certified Mail Insufficient to Provide Notice in a Probate Case Under Arizona law, a party making a claim against a probate estate is entitled to notice if it is denied. Is certified mail sufficient notice when the letter comes back unclaimed? In the case of Garbareno v. Whatley (In re Estate of Richard R. […]

Posted in : Estate Planning Laws , Leave a comment

Grandparents Cannot Obtain Custody of a Child From a Parent

Posted on : September 12, 2016, By:  Christopher Hildebrand
Grandparents Cannot Obtain Custody of a Child From a Parent

Gandparents Cannot Obtain Custody of a Child From a Parent Arizona law allows only a parent to commence a child custody hearing. Does that statute prevent a court from awarding custody to a grandparent? Does it depend on whether a parent currently has custody? In the case Marshall v. Superior Court, 701 P.2d 567 (Ariz. […]

Posted in : Grandparents Rights in Arizona , Leave a comment