White Paper

Seeking Court Involvement and Dealing With Difficult Beneficiaries in Arizona

 
When a fiduciary is in doubt on the proper course of action, the easiest and best procedure is to file a petition for instructions. ARS 14-10201 and In The Matter of CVR Irrevocable Trust v. Retter, 202 Ariz 174 (CA1, 2002). This is simply a petition setting forth the quandary that the fiduciary is in and seeks guidance or approval from the court for a particular course of action. This author has successfully used this petition many times for authorization for gifting, either for ALTCS or estate tax purposes. Such a petition can avoid the liability exposure suffered by a fiduciary in cases like Downing v. Skluzacek, 61 Ariz 322 (1944) and Graybar Electric Co., v. McClave, 91 Ariz 223 (1962)
Challenging the PR

Challenges to a fiduciary will usually take place in three settings: objections to an accounting, objections to a fee application and a petition for an order to show cause (“OSC”).

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Thomas J. Murphy is the founder of Murphy Law Firm, Inc. His practice emphasizes estate planning, elder law (including nursing home issues), all probate matters (including contested matters and guardianships) and tax controversies. Mr. Murphy is one of the most experienced trial attorneys in the Southwest, having been the sole or lead counsel in more than 100 jury trials.

Faculty

Thomas J. Murphy

Thomas J. Murphy

Murphy Law Firm, Inc.

Agenda

Faculty

Thomas J. Murphy

Thomas J. Murphy

Murphy Law Firm, Inc.

  • Attorney and Founder of Murphy Law Firm, Inc. in Phoenix, AZ
  • Over 40 years of experience with practice focusing on probate law, estate planning, elder law, and tax law and planning for the disabled and those with special needs
  • Author of nearly 100 articles that have been published in many national and state professional journals focusing on a wide variety of legal and tax matters
  • Has spoken to thousands of attorneys, accountants, and financial advisors and has appeared on several local television and radio stations to discuss tax and legal issues affecting the elderly and their families
  • Served on numerous state and county bar association committees and was selected to be the State Bar representative to the Arizona Supreme Court’s Committee on Reform of Lower Jurisdiction Courts
  • One of the most experienced trial attorneys in the Southwest, having been the sole or lead counsel in over 100 jury trials; has successfully litigated cases in the United States Tax Court, the Arizona Tax Court, and the Arizona Board of Tax Appeals and has represented clients before all levels of the Internal Revenue Service and Arizona Department of Revenue
  • Can be contacted at [email protected] or 480-838-4838

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