Legal Question in Wills and Trusts in Arizona

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

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

1 Answer from Attorneys

Brian Strickman Strickman Law Office, PLLC
0 users found helpful
0 attorneys agreed

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.

Read more
Answered on 7/15/13, 10:33 am

Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Arizona

Looking for something else?

Get Free Legal Advice

88393 active attorneys ready to answer your legal questions today.

Probate, Trusts, Wills & Estates Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Barry SteinDe Cardenas, Freixas, Stein & ZacharyMiami, FL
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Charles AspinwallCharles S. Aspinwall, J.D., LLCLos Lunas, NM
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now