Phoenix, AZ
Probate Lawyer at Phoenix, AZ
Practice Areas: Probate, Trusts ... +3 more
OUTCOME: Affirmed result; reversed enforcement of penalty clause.
Defended case before the Arizona Supreme Court en banc which upheld the validity of the will. Case stands for the proposition that an in terrorem clause in a will is unenforceable if probable cause ex ... ists to contest the will and this is a question of fact for the trial court.
OUTCOME: complete win
Defended Trial Court result which upheld Shumway's will and enforced the will's penalty clause against the heirs who contested the will.
OUTCOME: Successfully objected to the apportionment of certain probate estate expenses to life insurance beneficiaries; affirmed in part and reversed in part.
A life insurance policy caused an insolvent estate to be taxable; the personal representative sought funds from life insurance beneficiaries to pay estate taxes and estate debts and the life insurance ... beneficiaries objected.
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