Attorney John R Fitzpatrick's Legal Cases

Trusts

In re The Esther Caplan Trust

Sep 01, 2011

OUTCOME: Affirmed as modified; Published Decision: 228 Ariz. 182, 265 P.3d 364 (Ariz. App. 2011).

Successfully defended corporate trustee/fiduciary from claim of remainder beneficiaries, demanding all information considered, as well as advanced notice of future requests from lifetime beneficiary to ... invade principal, despite the fact that the trust authorized the corporate fiduciary, in its "sole" discretion, to make such determinations. Arizona Court of Appeals ruled that remainder beneficiaries were entitled to information regarding the administration of the trust, but could not obtain "a seat at the table" in making decisions regarding the lifetime beneficiary's right to receive principal distributions.

Litigation

In re Perry C. Redden Family Trust

Jun 25, 2009

OUTCOME: Affirmed; Unpublished Decision

Court of Appeals upheld Trial Court’s utilization of a jury in a trust contest case despite that there is no right to trial by jury in such matters. The Court of Appeals upheld the trial court’s use o ... f the jury verdict on the basis that the trial court must have viewed the jury as purely advisory.

Trusts

In the Matter of the Estate and Trust of Kenneth Petrine

May 02, 2008

OUTCOME: Reversed; Unpublished decision: http://www.azcourts.gov/Portals/89/memod/PB/1CA-CV07-0701.pdf

Successfully defended co-trustees challenge to the trial court’s ruling that decedent’s spouse enjoyed a life estate in a trust-owned residence. The Appellate Court ruled that the language of the per ... tinent Trust Amendment was ambiguous, and the probate court erred by failing to hold an evidentiary hearing to resolve the ambiguity.

Trusts

In the Matter of the Estate and Trust of Kenneth Petrine

May 02, 2008

OUTCOME: Reversed; Unpublished decision: http://www.azcourts.gov/Portals/89/memod/PB/1CA-CV07-0701.pdf

Successfully defended co-trustees challenge to the trial court’s ruling that decedent’s spouse enjoyed a life estate in a trust-owned residence. The Appellate Court ruled that the language of the per ... tinent Trust Amendment was ambiguous, and the probate court erred by failing to hold an evidentiary hearing to resolve the ambiguity.

Probate

In re the Matter of the Estate of Margaret Mary Pascoe

Jun 19, 2007

OUTCOME: Reversed; Unpublished Decision: http://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2007/1%20CA-CV%2006-0296.PDF

Probate Court granted summary judgment in favor of client-trustee concerning the invalidity of a deed that was not recorded or delivered for 9 years and which was ignored by grantor and grantee alike, ... until the grantee died. Court of Appeals determined that an issue of fact existed and reversed. On remand, following trial, Probate Court found for the client-trustee and ordered the proceeds of the real property be turned over to the trustee.

Probate

In re the Matter of the Estate of Margaret Mary Pascoe

Jun 19, 2007

OUTCOME: Reversed; Unpublished Decision: http://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2007/1%20CA-CV%2006-0296.PDF

Probate Court granted summary judgment in favor of client-trustee concerning the invalidity of a deed that was not recorded or delivered for 9 years and which was ignored by grantor and grantee alike, ... until the grantee died. Court of Appeals determined that an issue of fact existed and reversed. On remand, following trial, Probate Court found for the client-trustee and ordered the proceeds of the real property be turned over to the trustee.

Commercial real estate

Frazer, Ryan, Goldberg, Keyt and Lawless v. Smith

Dec 19, 1995

OUTCOME: Affirmed; Published Opinion: 184 Ariz. 181, 907 P.2d 1384 (Ariz. App. 1995)

Successfully defended the judgment creditor's collection rights and the trial court’s ruling allowing the garnishment of a judgment debtor’s bank account despite the judgment debtor’s assertion that it ... contained nothing but the proceeds of exempt wages.

John R Fitzpatrick's Legal Cases (7)

In re The Esther Caplan Trust

In re Perry C. Redden Family Trust

In the Matter of the Estate and Trust of Kenneth Petrine

In the Matter of the Estate and Trust of Kenneth Petrine

In re the Matter of the Estate of Margaret Mary Pascoe

In re the Matter of the Estate of Margaret Mary Pascoe

Frazer, Ryan, Goldberg, Keyt and Lawless v. Smith