Week 13 Class Notes - Test 2 Flashcards
The first issue to address in probate is (1). All matters begin in (2). The probate court is a division of the (3) and has jurisdiction over (4), (5) and (6).
- jurisdiction
- state court
- superior court
- wills,
- trusts
- estate planning
(1) is the place the case will be heard, and is established by (2), which is where the petition is filed. There is only one (3), though there may be multiple (4).
- Venue
- domicile
- domicile
- residences
3 features of determination of venue if property exists in more than one county
- If venue can be in multiple places go with where the proceedings commenced
- In the meantime, court where probate commenced determines venue
- Once venue is determined, the entire probate is transferred (there can only be one venue)
If probate occurs in multiple states, it is important to note that state courts cannot (1)
- order one another to do anything (can only request)
(1) jurisdiction is over property.
- in rem
The Uniform Probate Code is a (1) that was proposed and (2). (3) have adopted it, including Arizona. The code will generally apply in the state of (4) despite where the (5), though, (6) may matter.
- model statute
- submitted to legislatures to adopt
- 18 states
- death
- will was written
- witnesses (e.g., number
It is not a (1) to practice law in Arizona without a license, but you can get nabbed for (2), and the (3) has ruled against it.
- crime (there is no state law)
- fraud
- Supreme Court
(1) are ok, but they may not give advice. The (2) can bring action against these for engaging in UPL. Preparers must (3) if there is no (4).
- Certified legal document preparers
- state bar
- apply to the state bar
- supervising attorney
(1) are not prone to the AZ Bar–(2) must be brought. The bar also does not control (3)–only the (4).
- Mediators
- criminal charges
- paralegals
- supervising attorney
With Pro Hoc Vice, an attorney may practice in (1) only (2) and in alignment with (3)
- another state
- once
- a local attorney
