If You Don’t Plan for Contingencies, the State Plans for You
If we all had crystal balls that could predict the future, estate planning would be a whole lot easier. We don’t, it’s not — and we’re here to tell you that you need to plan for contingencies. One difficult aspect of planning is considering the various ways the future can unfold. Perhaps the hardest part: […]
“Right of Representation” and “Per Stirpes” in Arizona
You’ve probably seen the terms before. “Right of representation” and “per stirpes” appear frequently in wills and trusts. You probably even have a rough notion of what the terms mean. Perhaps, though, you don’t know that they have an interesting history. You might also be surprised by what the terms actually mean — at least […]
Father Disinherited From Son’s Estate For Abandonment
A child — particularly a minor child — can inherit a share of an absent parent’s estate even after abandonment by the parent. But what about the less common circumstance of a child dying young. Will abandonment by a parent prevent the parent from inheriting from the child’s estate? Brandon’s story In 1989 a child […]
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, […]
Law of Parentage Explored in Arizona Supreme Court Case
When a married woman in Arizona gives birth, her husband is presumed to be the father. The father’s parentage is subject to challenge by, for example, genetic testing — but the presumption is strong. That law is well established, and is similar to laws in most (if not all) of the other American jurisdictions. Arizona’s […]
Missing Will Discovered Three Years Later, Denied Probate
After someone’s death, what happens when no one can find a will? Their estate usually passes according to the law of “intestate succession.” That means the state’s legislature has effectively written a will for the decedent. What, if anything, can be done about a missing will? Of course, a missing will might indicate that the […]
Ambiguous Residuary Clause in Will Causes Difficulty
Your will should accomplish at least three simple things. It should identify who will manage the estate (the “personal representative”, in Arizona). The will should identify individual items, dollar amounts or percentages that are to go to particular recipients. Finally, the will should include a “residuary clause” — a statement about who will receive the […]
What Happens When Someone Dies Intestate?
VOLUME 24 NUMBER 17 Even with regular prompting, about half of people never get around to completing even basic estate planning. If they never do get a will signed, we lawyers say that they have died “intestate”. But what does that really mean for their loved ones? Note that the information we provide here is […]
The Difference Between an Heir and a Beneficiary
APRIL 18, 2016 VOLUME 23 NUMBER 15 Your estate is simple, your family relationships clear, your intentions easy to understand. Why can’t you just write your own will, and save the legal fees? Because of Esther Hill, that’s why. Actually, that’s not her real name — we change the names of most of the people […]
Intestate Succession Rules Can Be Tricky to Apply
APRIL 4, 2016 VOLUME 23 NUMBER 13 March was “Write-a-Will” month (sometimes referred to as “Why a Will” month). Though we’ve never understood the difference, August will be “Make a Will” month again this and every year. In the United Kingdom, every March and October are “Free Wills” months. Or is it April?Or is that […]
