Trust for Surviving Spouse Leads to Dispute With Stepchildren
FEBRUARY 17, 2014 VOLUME 21 NUMBER 7 When Albert Findlay (not his real name) died in 2002, he left a trust for the benefit of his wife Sharon. Sharon was named as trustee, and the trust document directed that she was to receive “the entire net income” from the trust for the rest of her […]
Court Reviews Fees Charged by Fiduciary and Attorney
SEPTEMBER 9, 2013 VOLUME 20 NUMBER 34 There is a lot going on in Arizona with regard to the fees charged by guardians, conservators, trustees, personal representatives — and their attorneys. There has been quite a bit of controversy in news articles (particularly, but not exclusively, in the Phoenix area) and online. Professional fiduciaries have […]
New York Judge Takes Bank, Lawyer to Task Over Special Needs Trust
MARCH 9, 2013 VOLUME 20 NUMBER 10 We don’t very often focus on trial court decisions, and especially not in cases from outside Arizona. Trial judges are often very dedicated and bright, and their opinions may be eloquent and well-reasoned, but they do not establish precedent we can describe for our readers. Once in a […]
How Much Does It Cost to Get a Guardian and/or Conservator Appointed?
OCTOBER 22, 2012 VOLUME 19 NUMBER 39 We are frequently asked how much it will cost to get a guardian and/or conservator appointed for a parent or other relative. It is hard to answer with precision, but it is a fair question. Let us see if we can give you some guidance. First, a few […]
Think Your Family Member Needs a Guardian? Proceed With Caution
FEBRUARY 27, 2012 VOLUME 19 NUMBER 8 Phoenix-area resident Larry Robertson (not his real name) was undoubtedly fading mentally, but he had made plans for handling his affairs. He had created a revocable living trust, signed a power of attorney and created a beneficiary deed. All those documents named a husband-and-wife team who were also […]
Arizona Probate Court Changes Coming in 2012
DECEMBER 19, 2011 VOLUME 18 NUMBER 43 It is not exactly a secret that the Arizona probate court system has been widely criticized over the past two years or so. The Phoenix-area newspapers have been filled with stories about alleged abuses of the probate process. Many of those stories have focused on practices in the […]
Excessive Fee in Special Needs Trust Leads to Lawyer’s Suspension
OCTOBER 17, 2011 VOLUME 18 NUMBER 36 Lawyers are ethically prohibited from charging excessive fees. Period. It doesn’t matter if the lawyer has a fee agreement calling for an excessive fee. It doesn’t matter if the negotiated fee seemed reasonable at the time, but turned out to be excessive as things developed. It doesn’t matter […]
Petitioner Not Appointed Conservator, Pays Own Attorney
JULY 11, 2011 VOLUME 18 NUMBER 25 When appointment of a guardian and/or conservator is necessary, the cost of securing the appointment is usually a legitimate charge to be paid by the ward’s estate. There are exceptions, but the general rule is that the guardian’s and conservator’s fees, together with the fees charged by the […]
Failure to Distribute Estate On Time Leads to Damages Award
JULY 5, 2011 VOLUME 18 NUMBER 24 Family members sometimes assume that an estate will be ready for distribution within days or weeks of a death. Those familiar with the probate process usually appreciate that it is more likely that distribution will be between six months to a year after death — and sometimes longer. […]
Arizona Court of Appeals Orders Review of Fees in Guardianship
DECEMBER 13, 2010 VOLUME 17 NUMBER 38 Arizona’s probate court system — and particularly the guardianship and conservatorship arenas — have been embroiled in public controversy for the past year. A series of essays by a prominent Phoenix newspaper columnist has taken the entire system to task over allegations of excessive fees being paid to […]
Late Request Does Not Prevent Fee Award to Trustee’s Lawyer
JUNE 28, 2010 VOLUME 17, NUMBER 21 Mesa, Arizona, lawyer Donald C. Galbasini first began representing members of the Tremble family in 1998. That was when he filed a notice that he would be the attorney for Vernice Tremble, who was serving as conservator for Edward Tremble, Jr., her grandson. Nine years later Vernice Tremble […]
Trust Created by Spouse Using Power of Attorney is Validated
JUNE 14 , 2010 VOLUME 17, NUMBER 19 Suppose for a moment that you are trying to get your financial affairs in order. You have been married for many years, and your spouse is gradually losing the capacity to make financial or planning decisions. You are pretty sure you know what your spouse would want, […]
