Widow Awarded Attorney’s Fees In Action Against Estate
MAY 20, 2002 VOLUME 9, NUMBER 47 The probate process is often viewed as unnecessarily time-consuming and expensive. Most states (Arizona included) have vastly simplified probate proceedings, but they can still seem unduly burdensome. Of course, the whole point of having a court-run probate process is to ensure that all parties’ rights and interests are […]
Court Can Order Reduction Of Personal Representative’s Fees
MARCH 12, 2001 VOLUME 8, NUMBER 37 In 1966 Norman Dacy published his now-famous book “How to Avoid Probate.” Dacy’s book made several claims that have since become practically articles of faith: probate is always too expensive, takes too long and requires disclosure of too much information. The cost of probate has been reduced in […]
Paternity Question Raised In Probate Thirty Years Later
DECEMBER 4, 2000 VOLUME 8, NUMBER 23 Frank Magrini died in 1965, and his estate was subjected to the probate process in his home state of Washington. The probate took almost ten years to complete, but everything passed to his wife before it was closed in 1974. Nearly a quarter century later three people claimed […]
Arizona Community Property Is Not Always Subject To Probate
OCTOBER 9, 2000 VOLUME 8, NUMBER 15 Arizona is one of nine “community property” states in the country, and that can be the source of some confusion about estate planning, taxes and property ownership rights for married couples. Recent changes in Arizona’s law make the “community property” designation a little more friendly and understandable, and […]
Insurance Saleswoman Unduly Influences Wisconsin Man
AUGUST 23, 1999 VOLUME 7, NUMBER 8 Vanessa Henningfeld first met 71-year-old George Milas when she visited his Wisconsin home to sell him a long-term care insurance policy. The two of them quickly became friends. Mr. Milas had a number of problems to deal with. He had a heavy Lithuanian accent that made it hard […]
Disinherited Sister Has No Claim Against Brother’s Lawyer
AUGUST 9, 1999 VOLUME 7, NUMBER 6 Walter Heine never married and never had children. His closest relative was his sister, Alma Francis. In 1987, after Mr. Heine suffered a stroke, the Minnesota courts appointed a conservator to handle his money. Before his stroke, Mr. Heine had never gotten around to making out a will. […]
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 […]
Arkansas Will Is Invalid Because One Witness Is Under Age
JUNE 14, 1999 VOLUME 6, NUMBER 50 Goldia Sevier Horne was 99 years old when she died in Arkansas. She had signed a will in 1989, leaving her estate to a collection of friends and family members. Shortly after her death, the personal representative named in that will submitted it to the probate court, and […]
Attorney And Innocent Client Killed Over $100,000 Will Error
MARCH 22, 1999 VOLUME 6, NUMBER 38 Walter V. Shell, a 71 year old man from Johnson City, Tennessee, blamed attorney John D. Goodin for a mistake in Shell’s ex-wife’s will. Last Thursday Shell tracked the lawyer down and shot him in the head. Lawyer Goodin, 81, was a well-known lawyer in Tennessee. He had […]
Living Trusts Are Valuable Tools Alright, But Watch That Pitch
MARCH 1, 1999 VOLUME 6, NUMBER 35 “Since the Revocable Living Trust avoids the expensive and lengthy legal process known as ‘probate’” proclaims a national insurance sales agency in its brochure, “it is fast replacing the Last Will and Testament as the preferred method for asset distribution.” Elsewhere, the same insurance agency promises that the […]
