Probate & Estate Planning

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In many cases, an S corp election can reduce each member’s tax liability.

If you are a business owner and you chose the “limited liability company” form of entity, you were probably motivated by three key characteristics of an LLC:

  • protection from personal liability for the company’s obligations;

  • relatively little formality or reporting to government entities; and

  • avoidance of double taxation.

Other popular features of an LLC are its existence as a separate legal entity, apart from the owner(s); perpetuity of existence; flexibility in management structure; and freedom in transferring financial interests.

For the purposes of this article, let’s get…
Continue Reading Should your LLC be taxed as a subchapter S corporation?

Affirming that the Yakama Nation’s treaty right to unburdened travel is a federally protected activity, an administrative law judge ruled that Arizona’s interference with that activity is preempted by federal law.

Only three other tribal treaties in the United States have “right to travel” provisions, and the Yakama have been uniquely vigilant in defending it. For more than one hundred years, the Yakama have continuously and successfully defended their treaty rights in state and federal court.

See e.g., US v. Winans,

25 S. Ct. 662 (1905) (fishing rights reserved in the treaty pre-empted Washington’s enforcement of a trespass law against…
Continue Reading Big win for Tribal treaty rights in striking down ADOT fuel tax assessment

Job description

About us
Berk Law Group, P.C. is a small law firm in Scottsdale, AZ 85260. We specialize in probate litigation. We are collaborative, professional and supportive.
Our work environment includes:

  • Flexible working hours
  • On-the-job training and mentorship
  • Relaxed atmosphere
  • Challenging work

Berk Law Group, P.C. is an AV rated growing and progressive small Scottsdale, Arizona law firm. We currently have 4 attorneys. We are a close knit supportive office – professional, friendly, fun, highly reputable and respected. Our office offers great teamwork, opportunities for growth. We have a convenient location in Scottsdale. We have flexible schedules and may…
Continue Reading NOW HIRING! Litigation Associate Attorney

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A right-of-occupancy provision in your trust can satisfy two competing desires: for your adult kids to inherit your home and for your spouse to live in it.

Does this really happen?

It’s more common than you might assume. While Gordon could have updated his will and re-titled his house so that he and Blanche would own it with rights of survivorship, that might not have been what he wanted. It’s not unusual in second marriages for the spouse who owned the house to keep it in their name only – intentionally or by oversight – and have it pass to…
Continue Reading Right to occupy: After your death, would your spouse be able to stay in your home?

Litigation Paralegal/Legal Assistant
IMMEDIATE – PERMANENT POSITION AVAILABLE
About us
Berk Law Group, P.C. is an AV rated, highly reputable (all 5 star reviews on Google), progressive law firm conveniently located just off of the Loop 101 and Raintree Dr. in Scottsdale, Arizona. We are close-knit, hardworking, and supportive of each other’s efforts to serve the needs of our clients at the highest level. We are professional, intellectual, friendly, fun, highly respected. You can expect to come to work in a fast-paced, welcoming, and relaxed atmosphere.
We primarily handle matters falling under Title 14 and Title 46 of the Arizona…
Continue Reading Now Hiring! Litigation Paralegal

Frazer Ryan is listed among “

50 Arizona Businesses to Watch

” released January 21 as part of

Az Business

magazine’s “AZ Big 100” coverage.

“Arizona is filled with brilliant minds and innovative companies,” the publisher noted in its release. “That’s why we created the AZ Big 100.”

Frazer Ryan is one of three law firms included in the 50-company list, which includes such major entities as the Arizona Diamondbacks, Banner Health, Cox Communications, HonorHealth, Hospice of the Valley, Intel, National Bank of Arizona, Petsmart, and the University of Phoenix.

“For our mid-size law firm to be recognized on the…
Continue Reading AZ Big 100: Frazer Ryan Included in “50 Arizona Businesses to Watch”

Estate Planning Update
January 2023

  • 2023 Annual Gift Tax Exclusion: increased to $17,000 per donor, per donee.
  • 2023 Gift and Estate Tax Exemption: increased to $12,920,000 per donor through 2025, see #6, an increase of $860,000.
  • Marital Deduction for Transfers to U.S. Spouse: remains unlimited.
  • 2023 Generation Skipping Tax Exclusion: increased to $12,920,000 per donor through 2025, see #6.
  • Top rate for Federal Estate, Gift and Generation Skipping Taxes: 40%.
  • National Topics: The current Gift and Estate Tax Exemption is doubled to get to the amounts set forth above and the question remains, will the doubling (a) be extended beyond

    • …
    Continue Reading January 2023 Estate Planning Update

    Our online self-assessment tool can help you recognize how the passage of time and any number of triggering events can impact your will, trust, and other planning documents.

    In a perfect world, you could create an estate plan and be done with it, putting it on the shelf and then waiting for it to do its thing.

    But, alas, even in a perfect world, circumstances change – and it is that rascally “change” that makes periodic reviews of your will, trust and other

    estate planning

    documents such a good idea.

    To help you evaluate the condition of your will or…
    Continue Reading Is it time for an estate plan review? You be the judge

    DeAngelis Legal reviewed a letter of intent for the seller of a Scottsdale based business. The letter outlined the material terms for the purchase and allowed the parties to proceed with more detailed due diligence.  DeAngelis Legal clarified certain terms and provided additional language protecting the parties.
    The post December 2022 Letter of Intent appeared first on DeAngelis Legal.
    Continue Reading December 2022 Letter of Intent

    DeAngelis Legal resolved trust administration disputes between a trustee and beneficiary.  Upon death, a parent set up a trust for a beneficiary naming the beneficiary’s older sibling as trustee. Over the years, the Trustee and beneficiary clashed over budgets, distributions, and reporting which adversely impacted their relationship.  DeAngelis Legal advised the trustee, coordinated delivery of information, proposed a solution for the future and prepared the Non-judicial Settlement Agreement resolving all matters and allowing the family to enjoy their Christmas holiday in peace.
    The post December 2022 Trust Administration appeared first on DeAngelis Legal.
    Continue Reading December 2022 Trust Administration

    Worried that I might stop following him on crazy adventures, my friend Béat Koszinowski gave me the book Younger Next Year for my 55th birthday.  At the time, my workout regimen was fairly inconsistent, with lots of rest days, but I was constantly getting dropped on our skiing or biking outings.  After reading the book, I began reducing my recovery days and increasing my protein and vegetable intake, which has resulted in more energy and endurance with less pain.
    No, I am not going to ever be competing with Tom Brady at a high level, but I am enjoying what…
    Continue Reading Younger Next Year

    Congress recently passed SECURE Act 2.0.  The updated law includes countless items that affect financial planning and tax planning, however there isn’t much that affects estate planning.  Only 2 items are worth noting here:1.  The age for required minimum distribution increased from age 72 to age 73. 2.  There are no more mandatory lifetime distributions from Roth 401(k) accounts.
    Continue Reading SECURE Act 2.0

    Business planning is an opportunity to kill two birds with one stone: Maximize the business and personal benefits of your LLC’s operating agreement, and resolve any conflicts with your personal estate plan.

    The ease of forming an LLC has been a mixed blessing, as its simplicity and relative informality has allowed for many risky shortcuts – mostly notably with respect to the entity’s operating agreement. Many organizers used a “boilerplate” agreement that was inadequate to the situation, or they skipped the operating agreement altogether (Arizona’s original 1992 LLC law did not require one).

    Those shortcuts became a real issue in…
    Continue Reading No conflicts: Coordinating your LLC operating agreement with your personal estate plan