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family law services

When does someone owe alimony (spousal maintenance or spousal support) in Arizona?

In Arizona, Judges weigh factors to determine whether a party owes alimony. It’s important to discuss some basic terminology. Arizona refers to alimony as spousal maintenance or spousal support. However, these three terms are used interchangeably, but keep in mind that Arizona prefers the latter as you search the internet and the statutes. Why would […]

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family law services

Why negotiate and settle in Arizona Family Law Cases?

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 do Children always lose? The

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How can you protect yourself in a transaction when you don’t trust the other party to perform?

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

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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 hiring an attorney. I’ve seen

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What are the different courts and their roles?

Looking to get better acquainted with Arizona’s court system? This guide will help you understand how the courts are organized as well as their specific functions. What are the different levels of courts? Level 1 – Limited Jurisdiction Justice of the peace courts and municipal (or city) courts have limited jurisdiction, meaning that their authority

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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 into too much detail, Trusts

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family law services

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” and “parenting time”. Legal decision-making

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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 relief.” Matter of Levine, 174

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Navigating Terminology: Estates and Probate

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 a partner decides to leave,

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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 liability when they do not

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Attorney-Client Relationship: when does it form?

Thank you for considering whether to hire us. When we receive your intake form, we will contact you to set-up a consultation. However, submitting this form does not form an attorney-client relationship. ATTORNEY-CLIENT RELATIONSHIP You can be assured that our representation does not begin until you hire me through a written agreement. We customarily gather

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