As we’ve said before, an estate plan should anticipate the unexpected. Like all states, Arizona law has default rules if there is no plan or if a plan doesn’t specify the testator’s desires. A recent Arizona Court of Appeals ruling grapples with default rules for two often unanticipated events: When a child dies before the…

Arizona, like about half of the states, recognizes a “holographic” will — one that’s in the testator’s handwriting. But a recent North Dakota appellate decision reminds us that our standing advice is still important: Don’t Handwrite Your Will! North Dakota and Arizona As we mention above, about half of the states allow a holographic (or…

Have you heard of a lawsuit for “intentional interference with an inheritance”? Sometimes the language might be “wrongful” interference, or interference with “an expectancy,” but the idea is pretty much the same. How is this concept different from a will or trust challenge? Does it still rely on allegations of undue influence or similar claims?…

At the end of each month, we take stock of elder law news and developments and share them. For December, we review 2021, looking less to outside news and commentary and instead think about what we (or others) have learned or wish we (or others) had learned before something unfortunate happened. Here are some lessons…

We often hear from prospective clients that they have been disinherited by a parent. They often assume they can challenge an estate plan that does not favor them. But we have to explain to them: in the American legal system, you have no right to inherit from a parent’s — or from anyone else’s —…

It’s December, the time of year when many of think about giving gifts to people and causes straight out of our checkbooks. We have written or talked about gifting the past couple of years (2019 and 2020). Still, it’s worth revisiting because the details are often misunderstood and things change. Let’s start with: The $15,000…

We have written before about Guardians ad litem (GALs), and even about judicial immunity. The confluence of those two concepts came up again this week in a new (though unreported) Arizona case on judicial immunity for GALs. A little background Arizona has permitted appointment of a “guardian ad litem” (almost always referred to as a…

After the turkey, get your fill of the November developments in elder law. As I’m sure you’ve heard, Britney is free. Plus, the threat to change the estate tax seems to have passed, and the holidays bring challenges and opportunities: November Developments: Celeb Estates Yes, as expected, the guardianship over Britney Spears was terminated. What’s…

Though there’s still a lot of uncertainty, the estate planning and elder law picture for next year is coming into focus. Here are some of the changes for 2022 — both known and uncertain. We’ve organized them by categories that might help you figure out which are more important for you. Changes affecting low-income individuals…