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IN RE ESTATE OF LAMPARELLA

No. 1 CA-CV 04-0124.

109 P.3d 959 (2005)

210 Ariz. 246

In the Matter of the ESTATE OF Angelo L. LAMPARELLA, deceased. Norma C. Lamparella, Personal Representative, Appellee/Cross-Appellant, v. Pamela Lamparella, Appellant/Cross-Appellee.

Court of Appeals of Arizona, Division 1, Department A.

As Amended June 20, 2005.

Attorney(s) appearing for the Case

Murphy Law Firm, Inc. By Thomas J. Murphy, Phoenix, Attorneys for Appellant/Cross-Appellee.

Thomas M. Shaw, Mesa, Attorney for Appellee/Cross-Appellant.

OPINION

NORRIS, Judge.

¶ 1 In this appeal, we address the effect of two Arizona statutes on the disposition of proceeds from an annuity policy. The first statute, Arizona Revised Statutes ("A.R.S.") § 25-318(B) (Supp.2004), provides that community property not disposed of in a dissolution decree is thereafter owned by the former spouses as tenants in common. The second statute, A.R.S. § 14-2804 (1995), provides that a divorce automatically...

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