Dead Celebs: Why Fight Over Who’s Executor?
It sure seems like families of dead celebrities fight a lot. And the battles are sometimes over not a lot. Like who should administer the dead celebs’ estate. Take rapper Takeoff and actress Anne Heche (who we’ve written about once or twice already).
Surety Bond Protects Estate, not Fiduciary
Most people are unfamiliar with the term “surety bond”, and may never have run across the concept. When a court appoints someone to manage another person’s money, a surety bond is often involved. Different kinds of fiduciaries Depending on the context, a court might appoint a conservator to handle the estate of someone who is […]
Acting as Fiduciary Can Be Hard, Even Dangerous, Work
When you think about planning your estate, you probably focus on who will receive what share of your property. You might not focus as clearly on choosing your personal representative or trustee. Consider your choices carefully: acting as fiduciary is not so much an honor as it is a chore. What is a fiduciary? Lawyers […]
Personal Liability for Acting as Personal Representative
When you agree to act as personal representative of a decedent’s estate, do you take on any potential personal liability? Generally not, but you should make sure everyone knows that you are acting as a fiduciary. A recent Arizona case illustrates the risk if you do not. Estate’s property is sold When Gary Barnes (not […]
Common-Law Marriage, Divorce and Probate, All In One Case
DECEMBER 19, 2016 VOLUME 23 NUMBER 47 Here’s a question we hear frequently: how long does a couple have to live together in order to be considered married? The answer in Arizona: until the wedding ceremony. In other words, Arizona does not recognize “common-law” marriages. That strong, direct statement, however, masks a more complicated answer. […]
Trustee Not Personally Liable for Trust Business
JUNE 23, 2014 VOLUME 21 NUMBER 23 It’s a small point, but important — and the Arizona Court of Appeals reiterated it in a decision released last week. So it seems to us that it would be appropriate to call attention to this simple rule: generally speaking, a trustee is not personally liable for her […]
Definitions For Common Estate Planning Terms
FEBRUARY 3, 2014 VOLUME 21 NUMBER 5 Judging from the questions we field online and from clients, there is a lot of confusion about some of the basic terms commonly used in estate planning. We thought maybe we could do a service (and make our own explanations a little easier) by collecting some of the […]
Some Advice About Selecting Fiduciaries For Your Estate Plan
APRIL 20, 2009 VOLUME 16, NUMBER 37 When it comes time to complete estate planning, our clients usually have clear ideas about who should receive their property, what health care decisions they would want made — even how they feel about cremation, burial, organ donation and most of the other issues that must be addressed. […]
Beneficiary Form in Substantial Compliance With 401(k) Rules
NOVEMBER 6, 2006 VOLUME 14, NUMBER 19 James Marier was married to his wife Kathleen for twelve years, until the couple divorced. As often happens, Mr. Marier continued to maintain a good relationship with his step-daughter, Tracy Marks. Her children called Mr. Marier “Grandpa Jim,” and he continued to spend holidays with his ex-wife, his […]
Probate Fee Dispute Leads to Additional Attorney’s Fees
APRIL 12, 2004 VOLUME 11, NUMBER 41 Kathryn Gordon’s will named her sister, Nancy Molet, to handle her estate. Based on that will Ms. Molet was appointed as personal representative. Like most individuals in such circumstances, Ms. Molet hired an attorney to help her get through the probate process. Eventually Phoenix attorney Harvey Finks billed […]
Without “Testamentary Intent” Handwritten Note is Not a Will
OCTOBER 27, 2003 VOLUME 11, NUMBER 17 In 1978, shortly after his mother’s death, Donald Gilbert wrote this note on a three-by-five note card: “Dear Lillian, 11-27-78. I’ve been very depressed—I can’t stop crying for Mom—in my death I’ve left everything to you and the children. Don’t be angry with me. Love, Don. Mr. Gilbert […]
Will Was Not Revoked By Written, Signed “Revokation”
JULY 19, 1999 VOLUME 7, NUMBER 3 Jose C. Martinez lived and died in Belen, New Mexico. Mr. Martinez was the father of ten children, and in 1984 he had signed a will leaving his real estate to two of the children. In 1995, Mr. Martinez signed a document called “Revokation of Last Will and […]
