Probate Case Law: Slayer Statute

Division One of the Arizona Court of Appeals held slayer statute, Ariz. Rev. Stat. Sec. 14-2803, prevented wife who refused to testify as to circumstances of husband’s death claiming Fifth Amendment protection against self-incrimination from collecting proceeds of life insurance policies even though she was named beneficiary on one policy. The Court further ruled wife could also not recover her community interest in said policies under the slayer statute. Castro vs Ballesteros-Suarez, 1 CA-CV 08-0367, issued June 18, 2009.Division One of the Arizona Court of Appeals held that lapsed gift of residuary trust assets would not go to Testator’s intestate heirs, but would, instead go to residual beneficiaries. In this case an art collection was to go to a charity. One of two married Testators soled the art collection prior to death. The dispute arose following the death of the second Testator. The Court reasoned it was the intent of the Testators to benefit the charity rather than their intestate heirs. Zilles vs. American Legion/Shriners, 1 CA-CV 07-0893, issued Dec. 23, 2008.

Veteran Fiduciary, AFA Member Eben Bull Establishes Estate Management Services, LLC

Veteran fiduciary and long-time AFA member Eben Bull recently founded Estate Management Services, LLC, an estate and property management company. After 10 years of estate administration service, Eben founded EMS to support and assist professional and private estate and trust administrators, conservators, care managers, guardians and property owners with their property challenges. Through his experience as a Licensed Fiduciary and Certified National Guardian, Eben recognized the need for a service-oriented, client-directed estate management company.

“Estate Management Services prides itself in collaborating with clients in their efforts to ethically and efficiently administer estates. All control and authority remain with our clients while EMS works to support and address the complex challenges that property management presents,” said Bull.

EMS’s mission is to offer estate and property expertise with exceptional service at a reasonable cost. For information about Estate Management Services, LLC, contact ebenbull@ems-az.com or (602) 354-5157.

**AFA members are welcome and encouraged to share news of their professional endeavors with our membership. Please submit requests and pertinent information via email to: charity(at)azfid.org for publication on AFA’s list serve and Blog.

National Memory Screening Day Event on November 16 in Peoria, AZ

ResCare HomeCare & The Forum at Desert Harbor are co-hosting an Alzheimer's Foundation of America National Memory Screening event on Tuesday, November 16th from 8:00 a.m. to Noon. The event will be held at The Forum at Desert Harbor.

Dr. Nieri will speak at 11:00am and provide an overview of dementia & discuss prevention and early diagnosis, as well as review the latest in the treatment of Alzheimer's Disease.
Location:
The Forum at Desert Harbor
13840 N. Desert Harbor Dr.
Peoria AZ 85381

For more information, please contact:
Cathy Shiroda
Marketing Director
ResCare HomeCare
Ph:623-434-8432

Arizona Vulnerable Adult Advocate and Attorney, Denice Shepherd, Receives National Award

The National Guardianship Association (NGA) awarded Arizona Attorney Denice R. Shepherd the Outstanding Affiliate Member Award for policy reform leadership, educational outreach and advocacy for Arizona’s vulnerable adults.
Shepherd serves on the Arizona Supreme Court Probate Oversight Committee, charged with reviewing and adopting court procedures to provide for the protection of vulnerable and incapacitated persons. As a member of the Board of Directors for the Arizona Fiduciaries Association, Shepherd travels throughout the state and country to educate professional guardians, social workers, attorneys and fiduciaries on the legal and ethical aspects of protecting vulnerable adults.
Shepherd is known in the legal community for championing both legal and ethical policies to serve the best interests of wards. “My staff and I are committed to protecting and supporting vulnerable adults in Arizona,” said Shepherd. “Our priority is to safeguard their health, welfare and resources, but we are also steadfast in our commitment to preserve their quality of life.”
In addition to her outreach endeavors to raise the standard of care and protection for vulnerable adults, Shepherd teaches future members of the legal profession at clinics for low income adults seeking to become guardians of minors.
In the same week she received the NGA Outstanding Affiliate Member Award, she was named recipient of the 2010 Attorney of the Year award, by Southern Arizona Legal Aid's Volunteer Lawyers Program for her pro bono working the area of wills, estates, probate. In June of this year, Shepherd was named one of the top 50 pro bono attorneys in Arizona by the Arizona Foundation for Legal Services and Education.