Person Under Guardianship May Retain Right to Visitation
Imagine that the Arizona probate court has appointed a guardian to handle your health care, placement and other decisions. You want to see your friends and family. Do you have a right to visitation with those you choose? Let’s not bury our lede: yes, generally speaking, you probably can have the contacts you want. There […]
Successor Trustee Accepted Role in Timely Fashion
It’s a problem we see increasingly often. A trust will name a trustee, and even a successor trustee. What’s the problem? The successor trustee is not available, or fails to act, or is otherwise no longer the right choice. How does a new trustee take over? It is sometimes difficult to figure out when the new […]
Parentage, and the Late Artist (Formerly) Known as Prince
We wrote last week about the law of parentage, and how Arizona law is evolving in the modern world. Other jurisdictions, and other problems, address related issues. Surprisingly, perhaps, the probate of Prince’s estate sheds light on some of those problems. Prince’s family history As any rock fan of rock music or popular culture knows, […]
Ward Seeks Court Permission to Marry His Girlfriend
JUNE 2, 2014 VOLUME 21 NUMBER 20 We have written before — earlier this year, in fact — about whether individuals who are under guardianship have the ability to get married. When this question comes up (and it should be said that it is rare) it usually is in a context like that of our […]
Claimant Must Prove Undue Influence, Lack of Capacity
AUGUST 27, 2012 VOLUME 19 NUMBER 33 It has been some time since we wrote about the concepts of undue influence and lack of testamentary capacity — and the differences between these two legal concepts. A recent Minnesota appellate case strikes us as a good opportunity to revisit challenges to wills and trusts based on […]
