In the Matter of: ROBERT E. WULF, Deceased.
RON WULF, Respondent/Appellant. DEBORA A. BARROW, et al., Petitioners/Appellees,
from the Superior Court in Maricopa County No. PB2010-070797
The Honorable Frank W. Moskowitz, Judge AFFIRMED.
Angle Hallam Jackson & Formanek, Jerome K. Elwell,
Phillip B. Visnansky Counsel for Respondent/Appellant
& Jones, PLC, Andrew P. Gorman Co-Counsel for
& Wells, PLLC, James E. Padish Co-Counsel for
James P. Beene delivered the opinion of the Court, in which
Presiding Judge Samuel A. Thumma and Judge Lawrence F.
P. Beene, Judge
Ron Wulf, trustee for the Wulf Family Support Trust, Wulf
Family Trust, and Wulf Irrevocable Trust (collectively, the
"Trusts"), appeals the superior court's finding
that probable cause supports beneficiaries' Arizona Adult
Protective Services Act ("APSA") claim, and thus,
did not trigger the in terrorem clauses in the
Trusts. Wulf contends that each factual allegation giving
rise to a claim challenging an in terrorem clause
must be supported by probable cause. Because A.R.S. §
14-2517 requires only that the beneficiaries' claim- and
not each of the underlying factual allegations-be supported
by probable cause, we affirm.
AND PROCEDURAL HISTORY
Each of the Trusts contain an in terrorem
clause. In October 2013, beneficiaries of the
Trusts, Debora Barrow and Kathi Wulf
("Beneficiaries"), petitioned to remove Wulf as
trustee. Beneficiaries amended the petition in April 2014 to
add an alleged violation of APSA. Ariz. Rev. Stat.
("A.R.S.") § 46-456 (2017). Beneficiaries
asserted seven factual allegations of financial exploitation
in support of their APSA claim:
(1) $200, 000 withdrawn from a bank account, which is
(2) proceeds from the sale of real property owned by the
Trusts amounting to $120, 790.64 are unaccounted for;
(3) $20, 000 withdrawn from a bank account, which is
(4) A $11, 351.52 purchase and installation of solar panels;
(5) Wulf opened a bank account and added the vulnerable adult