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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 […]

Collateral Attack of a Probate Court Action in a Civil Lawsuit Under Arizona law, a party cannot attack a ruling made in one case by motion in a different forum. For example, a party cannot attack in a separate personal injury case a probate registrar’s appointment of a special administrator. In the case of Duncan v. […]

Probate Court Effect on a Pending Lawsuit Under Arizona law, a party involved in a pending court action against a person who dies need not file a creditor’s claim against the probate estate. What happens if the party chooses to present a claim to the estate anyway and it is disallowed? In the case of […]

Probate Court Estate Settlement in Arizona Personal representatives in probate have authority to enter into settlement agreements to resolve issues. The statute requires the signatures of all interested parties before a probate court approves a settlement. Must all beneficiaries of an estate approve of an agreement? Or just those making the agreement? In the case […]

Non-testamentary Disposition of Assets in an Arizona Probate In Arizona, a surviving spouse is entitled to a statutory allowance from the other spouse’s estate. Sometimes the estate doesn’t have enough assets to pay that allowance. Arizona law gave the probate court authority to take the decedent’s life insurance policy proceeds to pay that allowance. This […]