Transfer of Guardianship to New State Should Be Easy
DECEMBER 9, 2013 VOLUME 20 NUMBER 46 We have written before about transferring a guardianship or conservatorship to Arizona, or out of Arizona, when the subject of the proceeding moves to another state. In fact, Arizona has joined a number of other states (that number, incidentally, currently stands at 37 states, plus the District of […]
Can You Change Your Will By Writing On It?
NOVEMBER 18, 2013 VOLUME 20 NUMBER 44 So you have a will, and you want to make some changes. Can you just write in the new provisions? How about if you sign somewhere on the document?Can it be a copy of your will, or does it have to be on the original to be effective? […]
Can You Disinherit Your Spouse? It Depends
NOVEMBER 4, 2013 VOLUME 20 NUMBER 42 Most of us are fascinated by the lives and deaths of famous people. Their legal and financial affairs tend to be complicated, and they are sometimes messy. They may also provide some constructive information, useful to illustrate broader points applicable to many of us. One such illustration: the […]
Trust Administration Dispute Ends Up Costly for Complainant
MAY 20, 2013 VOLUME 20 NUMBER 20 One of the reasons people create living trusts is to reduce the likelihood of disputes among family members. In fact, any well-written estate plan — whether it involves a living trust or not — should focus at least partly on that worthwhile goal. Most estates do get settled […]
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 […]
Accounting Requirements for Irrevocable Trusts in Arizona
FEBRUARY 4, 2013 VOLUME 20 NUMBER 5 Arizona adopted a version of the Uniform Trust Code in 2008, to be effective at the beginning of 2009. The UTC has been the subject of much discussion across the country — it has been adopted in about half the states, and soundly rejected in a few others. […]
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 […]
“In Terrorem” Provision Does Not Violate Public Policy
OCTOBER 1, 2012 VOLUME 19 NUMBER 36 From time to time we have written about what lawyers usually call “in terrorem” provisions in wills and trusts. They are perhaps better known as “no-contest” clauses, and they are intended to prevent will (or trust) contests after the death of the signer. Typically, they say something like: […]
We Suggest Two Positive Things About Probate — But Not Too Vigorously
SEPTEMBER 24, 2012 VOLUME 19 NUMBER 36 Two weeks ago we wrote about why you might want to plan your estate with an eye toward avoiding probate. We hope you concluded, with us, that the probate process may not be as onerous as one would believe based on its bad reputation. We concluded with a […]
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 […]
