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MAY v. ELLIS

No. CV-04-0025-PR.

92 P.3d 859 (2004)

208 Ariz. 229

Nancy MAY, Petitioner, v. Hon. Lindsay ELLIS, Judge Pro Tem of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Jack David and Shannon David, Real Parties in Interest.

Supreme Court of Arizona, En Banc.

July 1, 2004.

Attorney(s) appearing for the Case

Goldman & Kaplan, Ltd. by Morris A. Kaplan, Mark E. Meltzer, Phoenix, Attorneys for Petitioner.

Dyer & Ferris, L.L.C. by Scott R. Ferris, Charles J. Dyer, Charles M. Dyer, Phoenix, Attorneys for Real Parties in Interest.

OPINION

HURWITZ, Justice.

¶ 1 The issue in this case is whether life insurance proceeds paid to a decedent's spouse are exempt from claims of creditors of the estate. We hold the proceeds are exempt from creditors' claims pursuant to Arizona Revised Statutes ("A.R.S.") § 20-1131 (2002).

I.

¶ 2 Nancy May survived her husband James Edward May, who died on April 21, 2002. Nancy petitioned the superior court to probate her late...

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