Probate & Estate Planning

RSS Link

Intervention issues don’t arise often in Arizona probate Court.  Nichols v. Slavicek, No. 1 CA-CV 25-0272 PB (Ariz. App. May 4, 2026) (mem. decision), is a sharp reminder that the rules apply and probate courts cannot quietly sideline a surviving parent from cases involving her own minor children.  Even in an unusual procedural posture, and even when a guardian ad litem and a law firm say they have things under control. Division One vacated the superior court’s denial of a mother’s motion to intervene, holding that her constitutional and statutory parental rights, combined with the liberal construction of Arizona Rule…
Continue Reading When a Probate Court Locks Out a Surviving Parent: Nichols v. Slavicek and Why Rule 24 Still Matters in Conservatorship Disputes

Frazer Ryan Goldberg & Arnold, LLP, a leading Arizona-based law firm, is pleased to announce that nine attorneys are listed in the 2026 edition of Southwest Super Lawyers®. Three attorneys are listed in the 2026 edition of Southwest Super Lawyers Rising Stars®. In addition, Senior Partner T.J. Ryan is also recognized […]
The post Twelve Frazer Ryan Attorneys Listed in the 2026 edition of Super Lawyers appeared first on Frazer Ryan Goldberg & Arnold, LLP.
Continue Reading Twelve Frazer Ryan Attorneys Listed in the 2026 edition of Super Lawyers

AI is everywhere. And if you’re involved in a probate, trust, or estate dispute, there’s a good chance you’ve already wondered whether you should be using it to help with your case.
It’s a fair question.  One we now routinely hear from clients. The answer is yes, AI can help. But only if you use it the right way. That’s why we’re excited to release a new free resource for clients and anyone else navigating an Arizona probate or trust matter: the Berk Law Group AI Client Tipsheet.
You can access it here: https://berklawgroup.com/tools/ai-client-tipsheet/
Why we built it
Public AI…
Continue Reading Announcing the Berk Law Group AI Client Tipsheet: How to Use AI Safely When You’re in a Probate or Trust Dispute

On April 15, 2026, the Arizona Court of Appeals issued a published opinion in Gouveia v. Gruler, No. 1 CA-CV 25-0402 PB.  This is an adult-guardianship dispute worth a careful read for every family member, guardian, and attorney involved in a guardianship case. The decision tackles three questions that come up repeatedly in our probate practice: (1) can a settlement agreement resolve a guardianship dispute; (2) when someone seeks contact with a protected person, who actually decides what’s in that person’s best interests; and (3) what happens when the superior court leans too far on the sitting guardian’s judgment?
The…
Continue Reading Why the Court Can’t Rubber-Stamp a Guardian’s Decision: Lessons from Gouveia v. Gruler

Today’s probate bench‑bar was well attended (93 practitioners at one point) and packed with practical guidance from the court.  Thank you, Commissioner Vanessa Smith, for hosting and coordinating.
Below are the most important updates Arizona probate and fiduciary litigators should be aware of, especially heading into mid‑2026.
Judicial Rotations Effective June 19, 2026
Significant judicial rotation changes are coming this summer:
Judges Rotating Off

  • Judge Fink (retiring; thank you for your amazing service Judge Fink!)
  • Comm. Smith
  • Comm. Altieri
  • Comm. Yost

Presiding Judges

  • Judge Fish
  • Associate Presiding Judge
  • Judge LeMaire

New Judges Joining the Probate Bench

  • Judge Greene (currently sitting)

…
Continue Reading April 2026 Maricopa County Probate Bench Bar Meeting

If you’re an experienced operations leader with a strong background in legal billing, financial workflows, and team management, and you’re looking for a meaningful role in a supportive, high-performing law firm, Berk Law Group in Scottsdale is hiring, and this could be the perfect fit.
We’re an AV-rated probate, trust, estate, and inheritance litigation firm known for our integrity, dedication, and excellence. Our team is close-knit, hardworking, and genuinely supportive. If you’re looking for a professional yet collaborative environment where your leadership truly makes an impact, you’ll feel at home here.
We’re seeking a full-time Legal Operations Director with at…
Continue Reading Join our Team: Hiring a Legal Operations Director

Maybe, maybe not. Depending on your situation, even if you who have no dependents, you might have many of the same insurance needs as people who have families.

Because so many of the purposes for having a will, trust, life insurance, etc., are to protect and convey assets to one’s spouse and children, many single persons – unmarrieds and never-marrieds – might place a relatively low priority on estate planning and related issues.

That would be a mistake, as end-of-life planning is important for every adult, regardless of marital status or family composition.

For a single person, having a well-conceived

…
Continue Reading Life Insurance for Singles: Do You Need It?

Congratulations to Frazer Ryan Goldberg & Arnold LLP Partner Kelsi Lane on her re-election to the State Bar of Arizona’s Board of Governors (2026–2029). Kelsi will help guide the Bar’s work supporting attorneys, promoting professionalism, and advancing access to justice across Arizona. Kelsi will serve as President in 2027–2028.
The post Frazer Ryan Congratulates Partner Kelsi Lane on her re-election to the State Bar of Arizona’s Board of Governors appeared first on Frazer Ryan Goldberg & Arnold, LLP.
Continue Reading Frazer Ryan Congratulates Partner Kelsi Lane on her re-election to the State Bar of Arizona’s Board of Governors

Frazer Ryan Goldberg & Arnold, LLP, a leading Arizona-based law firm, is pleased to announce that the Firm has been voted as a top law firm in six Ranking Arizona: The Best of Arizona Business categories in the 2026 issue. The Firm was voted #1 in Law: Tax for the fourth year […]
The post Frazer Ryan Goldberg & Arnold voted as a top law firm in six Ranking Arizona categories in the 2026 issue appeared first on Frazer Ryan Goldberg & Arnold, LLP.
Continue Reading Frazer Ryan Goldberg & Arnold voted as a top law firm in six Ranking Arizona categories in the 2026 issue

April 1, 2026
Thirty years ago, in the spring of 1996, I was three years in as a litigation associate at what was then one of Arizona’s largest firms.  Then, I was fired.
I’d checked every box and had all the credentials: the top law school, moot court, law review, clinic, honors, clerkship and work ethic.  The path I was supposed to follow, right?  None of it mattered.
The reality is I had disagreements with partners about how certain cases should be handled. My initiative and instinct may be serving me well now.  At the time, my tenacity and difference…
Continue Reading A Milestone That’s No Joke! 30 Years of Advocacy, Trust, and Gratitude

At Berk Law Group, we know many families begin looking online for answers during stressful and uncertain times. They may be trying to understand who inherits when there is no will, whether a vulnerable adult may be experiencing financial exploitation, or whether guardianship or conservatorship may be necessary. While articles and videos can be helpful, they do not always make it easy to work through how the law may apply to a particular situation.
Indeed, many clients come to us without knowing which questions to ask or what information is most important to provide.
These tools are intended to help…
Continue Reading Berk Law Group Launches Free Arizona Probate & Elder Law Tools

Summary: A new federal reporting requirement for non‑financed transfers to irrevocable trusts.Effective March 1, 2026, the new FinCEN Residential Real Estate Reporting Rule requires a federal filing whenever residential real estate is transferred without financing to a trust or other legal entity.  This reporting requirement applies to irrevocable trusts and other non‑grantor entities, but it does not apply to standard revocable living trusts.  A designated ‘reporting person’ involved in the closing—typically the title company or closing attorney—must submit a Real Estate Report to FinCEN identifying the property, the parties, and the trust’s beneficial owners.  This nationwide rule replaces prior limited reporting

…
Continue Reading New FinCEN Residential Real Estate Reporting Rule

Summary:  Increase in federal estate tax exemption affects testamentary powers of appointment.If your estate plan includes an inheritance protection trust for a child or other non‑spouse beneficiary, that trust likely gives the beneficiary a testamentary power of appointment.  This power allows the beneficiary, at their death, to decide who should receive any remaining trust assets.  When estate tax exposure was a common concern, this power had to be drafted as a limited power—meaning the beneficiary could redirect assets only among a defined group of people and never to themselves or their creditors.  A limited power of appointment keeps the trust

…
Continue Reading Increase in Federal Estate Tax Exemption Affects Testamentary Powers of Appointment

Maybe you are new to Estate Planning and would like a collection of brief articles to provide clarity and confidence as you build your estate plan?Well, this 35 page booklet is for you.  We share this with prospective clients as a professionally spiral-bound booklet, but you can get it all right here as a downloadable PDF.  No email address or credit card required.
A Practical Guide to Estate PlanningA collection of brief articles to provide clarity and confidence as you build your estate plan.

Continue Reading New to Estate Planning?

A spendthrift trust allows you to establish a separate subtrust for each beneficiary and attach conditions that reflect their individual situations, limitations, and capacities.

In structuring a revocable living trust, how the trust’s assets will be distributed to your named beneficiaries, after your death, typically follows one of two options:

  • The trust is liquidated, with its assets distributed outright to the beneficiaries (often in cases of small inheritances or low creditor risk, or when administrative simplicity is a priority).

  • The trust becomes irrevocable upon your death and continues to hold all or some assets, which are managed by a successor

…
Continue Reading Spendthrift Trusts: Protecting Your Beneficiaries from Themselves, Others