Logo
Call Now(480) 305-8300

No Contest Provision in a Will or Trust

Posted on : September 12, 2016
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. […]

Can Inherited Property Be Included in a Bankruptcy

Posted on : September 12, 2016
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 […]

Returned Certified Mail Insufficient to Provide Notice in a Probate Case

Posted on : September 12, 2016
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. […]

Challenging a No-Contest Will

Posted on : September 12, 2016
Challenging a No Contest Will
Challenging a No-Contest Will Arizona law limits no-contest (in terrorem) provisions in wills and trusts. They can only be applied if a person contests without probable cause. In the case of In re Estate of Shaheen Trust, 341 P.3d 1169 (1995), the Court of Appeals considered this issue. It discussed the estate planning statutes and […]

Violation of a Spendthrift Provision of a Trust in Arizona

Posted on : September 12, 2016
Violation of a Spendthrift Provision of a Trust in Arizona
Violation of a Spendthrift Provision of a Trust in Arizona Under Arizona law, a spendthrift provision in an estate planning trust prevents a credit from attaching a beneficiary’s interest. The provision also prevents the beneficiary from transferring his interest voluntarily. The purpose of such a provision is to prevent the beneficiary from either having a […]