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I generally believe that parties should peacefully work toward settlement, especially when children are involved. Whether parties settle or not, we learn a lot about the party through the process. We guard our client’s interest, effectively playing poker, while we efficiently move the case along, while best positioning our clients for Alternative Dispute Resolution. What […]
What is a probate sale in Arizona? A probate sale occurs when property is sold within a probate estate. The first step is determining whether there is probate property, which is a classification of property. Probate property is that which the law sees within the probate estate, and the casual observer may not know the
What do I do with real estate when someone dies in Arizona? Read More »
When someone passes away, and probate assets exist, then someone, must file a petition in probate court with the county clerk. This starts the probate process. There are statutory elements for the petition or it will be rejected, such as listing the appropriate parties and knowing who you can leave off. A probate lawyer (estate
10 Reasons You Need a Probate Lawyer Read More »
It find that it helps to simplify the big picture and answer the general question of all the ways parties can get divorced (or unmarried). There are four main ways to get unhitched. First, you can do it by consent. This article mostly deals with this option, as it is the most common. Second, you
Father’s feel the deck stacked against them, as though mothers have the upper hand in family court, while it is in the child’s best interest to have a great dad. While this article discusses fathers and mothers, or one side of the perspective viewing the other, it is not meant to be one against the
Trusts are great testamentary instruments. They ultimately reduce costs and prevent unintended results. The only downside of doing a Trust is that you need to think differently. It takes a little bit of time for you to understand how your assets function within a Trust. Good news: we simplify this for you in a free
Why should I have a Trust? Read More »
My goal of this article is to help you take steps to plan your estate. What does it mean to plan your estate? Before directly answering that question, I must state that estate planning is not only for the wealthy. We’re not only talking about managing assets. We’re also planning decision making when we cannot
Why is it important to plan your estate? Read More »
A.R.S. Section 25-408 Arizona relocation law gives judges significant authority. The only restrictions are that judges need to have jurisdictional authority to decide and judges must use the ARS 25-408 factors to determine the best interest of the children in relocation. This leaves judges with a lot of leeway to make a decision that has
How to relocate children in Arizona? Read More »
Step 1: Decide on a Business Structure There are 3 basic options: a DBA, a Corporation or an LLC. A DBA or “Doing Business As” (also known as a “Fictitious Business Name” or FBN) is not really a separate structure, but just a different name that an individual or partners use as their business name. A
How Do You Start a Business in Arizona? Read More »
In commercial transactions, people like to get paid — and to get what they pay for. In most transactions, both parties are fairly comfortable because there will be a simultaneous exchange between the party with the cash (the purchaser) and the party delivering the goods or services being purchased (the seller). Both parties may feel
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 hiring an attorney. I’ve seen
Online Fillable Will Forms vs. Arizona Estate Attorney Services Read More »
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 do that. Second, you can
How Do I Get Divorced in Arizona? Read More »
We get it, it’s easy to put this off. Who wants to think about death, especially your own death? It’s a topic we avoid. However, experts say planning your estate is one of the most therapeutic things you can do because it puts you at peace with whatever happens. Not that you’re ready to die.
Why you shouldn’t wait to do your Estate? Read More »
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 relief.” Matter of Levine, 174
How do lawyers violate ethical rules within Estate Planning? Read More »
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 a partner decides to leave,
Should partners take out income during dissolution? Read More »
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 liability when they do not
When does malpractice liability occur within Arizona’s estate law? Read More »
