A senator’s view of SB 1499

By April 6, 2011Uncategorized

Keeping with our discussion on the leading proposals to change Arizona probate law, we will turn to a recent article in the Arizona Republic, written by state senator, Adam Driggs.  As you can probably guess, Senator Drigg’s article deals with SB 1499, and he provides a compelling, even if only one-sided, justification for the bill’s passage.  You can read the article in its entirety by following this link, but we will discuss a few of Mr. Drigg’s points here.

As to why he supports SB 1499, Mr. Driggs gave the following reasons:

  • SB 1499 puts the power back in the hands of vulnerable individuals trying to navigate the Arizona Probate Code.
  • SB 1499 limits runaway costs that are all too frequently associated with Arizona probate law.
  • SB 1499 requires fiduciaries to estimate their costs up front, so as to prevent billing surprises.
  • SB 1499 requires fiduciaries to create and adhere to a detailed budget, in an effort to keep costs down under AZ probate law.
  • SB 1499 provides a mechanism for courts to remove fiduciaries when it is in the best interest of the ward.
  • SB 1499 takes measures to protect the assets of vulnerable adults by shifting legal fees to those who initiate frivolous actions against an estate.

Of course, reading these points, you might think that this bill should handily pass.  There are two sides to every argument, however, and a proponent of HB 2424, this bill’s primary competition, could likely give an equally compelling case for the House Bill’s adoption.

For help planning your estate call JacksonWhite today to speak with an experienced Arizona probate attorney. (480) 818-6912