Arizona  |  Wills and Trusts

Legal Question

Asked on: 7/13/13, 1:35 pm

can a judge take a will person of a will by saying that they got there part of the esates well the deceedent was a live

1 Answer

Answered on: 7/15/13, 10:33 am by Brian Strickman

Well this can happen in the case of intestacy (when there is no will). This is called an advancement. When a beneficiary receives their intestate share before the death of the person who they were receiving the benefit from. However, written evidence is required for an advancement. Please see Arizona Revised Statutes 14-2109. If there is a will the parallel process is called Satisfaction of a devise during the testator's life and the applicable statute is Arizona Revised Statutes 14-2609. Again this must be provided for in the will, by the testator (the person whose will it is), or by the beneficiary themselves.

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