Murder-Suicide Case Leads to Complex Probate Claim Analysis
APRIL 25, 2016 VOLUME 23 NUMBER 16 It was a horrible, tragic story. In June, 2012, Phoenix resident James Butwin killed his wife and three children, drove the family car to a remote area in the desert, set the car on fire and killed himself. News stories soon revealed that the couple were enmeshed in […]
What Survivor Must Do When Trust Mandates Split on First Death
SEPTEMBER 14, 2015 VOLUME 22 NUMBER 33 Once in a while we read an appellate court decision that nicely addresses a subject which isn’t the issue before the court. A recent Arizona Court of Appeals case illustrates this phenomenon nicely. The legal issue was technical and would appeal only to lawyers — and probably only […]
Dispute Over Family Home Pits Children Against Stepchildren
OCTOBER 19, 2009 VOLUME 16, NUMBER 58 More than a decade ago we told you about a Utah case involving a widower’s remarriage (see Surviving Spouse Revokes Trust–Children Disinherited from February 2, 1998) . Although the children of the deceased woman and her surviving husband were supposed to receive everything on his later death, the widower […]
Unsigned Will Invalid Despite Clear Intentions of Decedent
SEPTEMBER 9, 2002 VOLUME 10, NUMBER 10 Christel McPeak thought she had done her estate planning properly. She had hired an attorney, reviewed drafts of a will, durable power of attorney for financial purposes and health care directive, and she had approved the drafts. Then she went to her lawyer’s office and signed the final […]
Agreement To Convey Half Interest In Home May Be Valid
JUNE 21, 1999 VOLUME 6, NUMBER 51 Sylvia Ann Patterson and Dennis Strickland began seeing each other socially in 1963. After Ms. Patterson’s divorce in 1969, their relationship continued to intensify, until Ms. Patterson moved into Mr. Strickland’s mobile home in 1975. That year, Mr. Strickland bought a new home in Charlotte, North Carolina, and […]
Father’s Promise To Establish Trust Enforceable After Death
JANUARY 18, 1999 VOLUME 6, NUMBER 29 Jack and Frankie Bemis were divorced in Nevada in 1972. At the time, Jack was expecting a distribution from a California trust within the year. As part of the divorce settlement, he agreed (and was ordered) to set up a $25,000 trust for the benefit of the couple’s […]
