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IN RE ESTATE OF EVITT

No. 1 CA-CV 17-0045.

429 P.3d 1146 (2018)

798 Ariz. Adv. Rep. 18

IN RE: the Matter of the ESTATE OF: Charles H EVITT, Deceased. Judith Evitt-Thorne, Petitioner/Appellant, v. Leslie Hiatt, et al., Respondents/Appellees.

Court of Appeals of Arizona, Division I.

FILED August 23, 2018.

Attorney(s) appearing for the Case

Stevens & Van Cott PLLC, Scottsdale, By Laurence B. Stevens , Charles Van Cott , Counsel for Petitioner/Appellant.

Burch & Cracchiolo PA, Phoenix, By Daryl Manhart , Joel K. Heriford , Counsel for Respondent/Appellee Mary Jo Evitt.

Bryan Cave Leighton Paisner LLP, Phoenix, By Sean K. McElenney , Jacob A. Maskovich , Counsel for Respondents/Appellees Leslie Hiatt and Sandra Evitt.

Judge Kent E. Cattani delivered the opinion of the Court, in which Presiding Judge Diane M. Johnsen and Judge Jennifer M. Perkins joined.

OPINION

¶ 1 In this case, we consider whether a claim based on a divorce settlement agreement executed years before the decedent's death, but not enforceable until after death, should be deemed to have arisen before the decedent's death for purposes of Arizona Revised Statutes ("A.R.S.") § 14-3803. This issue...

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