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Estate Planning After Divorce in Arizona

Posted on : July 12, 2017
Estate Planning After Divorce
Estate Planning After Divorce in Arizona We want to talk to you about estate planning after a divorce in Arizona, why you need to re-think your estate plan once the divorce is finalized and some of the pitfalls if you don’t take action to either create an estate plan or update your existing estate plan. […]

Extra-Judicial Adoption Issue in an Arizona Probate | Hildebrand Law, PC

Posted on : October 11, 2016
Extra Judicial Adoption Issue in an Arizona Probate
Extra-Judicial Adoption Issue in an Arizona Probate Only those having an interest in a Last Will and Testament can contest it in Arizona. This includes the legitimate children of the deceased since they are natural heirs. Another statute made all natural children legitimate children with inheritance rights, including kids born out of wedlock. This applies to […]

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 […]
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