The following is the Heins Law philosophy for settlements and negotiations in family law. While I believe there’s a worthy fight, it is almost always best for parties to negotiate, and many times come to agreements in Arizona family law cases. This is especially true when children are involved. Why...
Online Fillable Will Forms vs. Arizona Estate Attorney Services
In Arizona, what are the risks to creating a Will through fillable forms downloaded online? The simple answer is that you may have a meaningless document because you did not take the necessary steps to validate the Will. Unfortunately, many smart people decide to download Will forms online instead of...
What do you do when someone dies in Arizona?
First and foremost, we sympathize with your loss. We've been through it ourselves. It's never easy and you always carry their memory. Loved ones remain part of you. Their greatest legacy is their impression on you. In addition to the most important emotional and intangible aspects of a person's legacy,...
Is it ok for parties to leverage children to get what they want in family court custody cases?
I have a hard time even writing that question. I am the type of lawyer that believes leveraging children is one of the most detestable things imaginable. If you're reading this and you want to hire an attorney that will leverage children, please don't try and hire me. If you...
Why should I create a Trust and what is involved?
If you're reading this, you are likely considering whether to create a Trust. Creating a Trust starts with creating a Trust Agreement, which usually involves other documents in an estate plan. Contemplating whether you should create a Trust is a very important first step. What is a Trust? Without getting...
How does Arizona determine custody?
Arizona statute defines custody as legal decision-making, but what does that mean and how do courts determine who gets what legal decision-making? See also A.R.S. § 25-401. What does legal decision-making mean? What is traditionally considered custody in other states, the state of Arizona uses terms such as "legal decision-making"...
How Do I Get Divorced in Arizona?
There are several paths (or ways) to divorce in Arizona. Generally, you need a judge to sign a divorce order/decree. There are three main paths to divorce. First, you can get an order by default if you file and the other party does not response. We can discuss how to...
How do lawyers violate ethical rules within Estate Planning?
This section has two parts: (1) laying out the process when there is an ethical rule violation, and (2) describing the main ethical rule violations in estate planning. It is important to know that “the dismissal of a bar complaint does not necessarily preclude a right to file a lawsuit for substantive...
Should partners take out income during dissolution?
The simple answer is NO. The following considers whether partners should continue receiving an income distribution during the winding up of the partnership when the partnership has a significant debt obligation, and the partnership does not have a partnership agreement in place. We look specifically at the scenario of when...
When does malpractice liability occur within Arizona’s estate law?
This article continues our discussion of liability zones within Arizona's Estate and Probate law. We will eventually cover the main zones of liability: (A) Malpractice, (B) Ethical Duty Violations, and (C) Breaching Of Fiduciary Duties. Here, we discuss the liability of Attorney Malpractice within Arizona Estate Law. Attorneys risk malpractice...
