Kent and his brother’s new business venture, PURE Pickleball & Padel, has announced a groundbreaking partnership with HonorHealth, one of Arizona’s leading nonprofit healthcare systems, to integrate elite sports medicine services into our upcoming world-class facility in Scottsdale! Under a multi-year agreement, HonorHealth will serve as PURE’s exclusive health and wellness partner, offering state-of-the-art medical and recovery services to support the growing pickleball community. The collaboration includes a 3,000-square-foot sports performance and recovery center, providing first aid, athletic training, injury prevention, and rehabilitation programs for members and visitors​​.
The PURE facility, developed in partnership with Caliber, is set to…
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In early January 2025, music industry veteran and former MTV host Matt Pinfield experienced a massive stroke that left him in a precarious state of health. According to news reports, Pinfield’s daughter, Jessica, responded by filing for a temporary conservatorship, citing worries about his ability to manage both his medical and financial affairs. While the specifics of Pinfield’s condition and the legal details of his case may continue to unfold, his story underscores just how vital it is for families to be prepared when a loved one suddenly becomes incapacitated.
Why Pinfield’s Situation Is Important
Pinfield’s case highlights the often…
Continue Reading Matt Pinfield’s Health Crisis: A Cautionary Tale for Families Facing Emergency Conservatorship

Trustees have a legal and ethical obligation to act in the best interests of the beneficiaries they serve. But what happens when a trustee breaches these fiduciary duties?  There are consequences.  Arizona’s trust laws ensure that trustees who fail to uphold their responsibilities face significant financial and legal repercussions. This article explains trust surcharge laws, how it applies in Arizona, and what beneficiaries need to know to protect their rights.  Since surcharge isn’t always available or the best option, we also discuss some other options when dealing with a “bad trustee.”
What are Trust Surcharge Laws?
Although the term “trust…
Continue Reading Holding Trustees Accountable in Arizona: Understanding Trust Surcharge Laws

Guardianship plays a crucial role in protecting disabled adults, yet as disability protections erode, guardians face increasing challenges in ensuring their loved ones receive fair treatment under the law. This article examines how judicial decisions, legislative rollbacks, and systemic biases have weakened disability rights, emphasizing the importance of guardians as advocates in navigating a complex and often discriminatory legal landscape.
The Erosion of the ADA and Disability Protections
On July 26, 1990, President George H.W. Bush signed into law the Americans with Disabilities Act (ADA), a comprehensive civil rights law intended to prohibit discrimination on the basis of disability. However,…
Continue Reading Guardianship: The Erosion of Disability Protections and the Duty to Safeguard Disabled Adults

Join Kent Berk at the Arizona Fiduciaries Association’s Annual Spring Conference, where Kent will be speaking alongside the Honorable David Gass, Chief Judge, Arizona Court of Appeals, Div. 1, and ethics attorney, Lynda Shely, regarding best practices for use of generative A.I. Click the link below to register.  This seminar will cover an overview of AI, practical tips and tricks for using AI in several scenarios, ethics and legal considerations and more.  We hope to see you there!
Arizona Fiduciaries Association 2025 Annual Spring Conference
March 27 – 28, 2025
Desert Willow Conference Center
4340 E Cotton Center Blvd.
Phoenix,…
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Power in the wrong hands can lead to chaos, and some personal representatives take full advantage. When misconduct creeps in, beneficiaries lose money, time, and peace of mind. If something feels off, don’t ignore it—watch for these top 10 signs of personal representative misconduct in Arizona.

• Funds Vanishing: Bank accounts are draining or money is mysteriously disappearing—clear signs of potential theft, financial exploitation, or other financial misconduct.
• Major Delays: Important deadlines are missed, and estate settlement or administration is endlessly stalled—this can signal negligence or intentional stalling.
• No Transparency: The personal representative refuses to provide information or disclose estate

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Continue Reading Top 10 Red Flags: Is Your Personal Representative Misbehaving?

When a loved one becomes incapacitated, the uncertainty can feel confusing and daunting. Knowing the right steps to take can mean the difference between chaos and control. Below are the ten critical actions (and a bonus tip) you should consider first to protect your loved one’s well-being and safeguard their legal rights in Arizona.

•  Assess Medical Needs: Obtain immediate medical attention to stabilize your loved one’s health and understand their condition.  Seek and maintain appropriate care.
•  Secure Important Documents: Gather essential documents like powers of attorney, living wills, trusts, and healthcare directives to understand their wishes

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Continue Reading 10 Key Tasks When a Loved One Becomes Incapacitated in Arizona

The Estate of Rivenburg case , though decided in Oklahoma, offers a nuanced illustration of how courts analyze fraud and undue influence, providing insights that can be relevant to similar cases under Arizona law, particularly in understanding how evidence can shift the burden of proof in will contests.
In this case, the decedent, Velda Mae Rivenburg, made significant changes to her estate plan, leaving the bulk of her estate to her daughter, Bridget, and reducing the inheritance of her son, Austin. Austin challenged the will, claiming both fraud and undue influence by Bridget.
The Supreme Court of Oklahoma primarily…
Continue Reading A Cautionary Tale: Estate of Rivenburg

When someone signs estate planning documents like a will or trust, it is crucial that they do so voluntarily and with a clear understanding of the consequences. Unfortunately, not all estate planning documents reflect the true intentions of the person who signed them. There are situations where people are manipulated or deceived into signing documents that benefit others unfairly.
According to the Restatement (Second) of Property, Don. Trans. § 34.7 (1992), which Arizona generally follows: “If a donor is induced to make a donative transfer that the donor would not otherwise have made, (1) by undue influence; or (2)…
Continue Reading Understanding the Difference Between Fraud and Undue Influence in Estate Planning: An Arizona Perspective

Creating video content can be a powerful part of any legal practice, helping to train employees, connect with clients, explain complex legal concepts, and market services.  Using AI, creating powerful video content is now quick and easy.
Based on our hands-on experience, we’ll provide a comparison of three AI-assisted video platforms: InVideo, Vyond, and Canva.
Like prior articles, this does not address the legal or ethical limitations or requirements for using such services or publishing such content.  Each of these platforms has pricing that depends on your intended use.  For example, if you want to use the application to generate…
Continue Reading Creating Video and Other Content with AI: A Comparison of InVideo, Vyond, and Canva

Let’s face it: not every legal issue is created equal. Whether it’s deciding who gets your vintage wine collection or whether you can still marry your high school sweetheart, capacity matters. And no, we’re not talking about your capacity to binge-watch an entire season of your favorite show in one sitting. We’re talking legal capacity – the kind that can make or break your will, your trust or your marriage.
In our probate litigation practice, we see disputes over capacity in numerous situations.  Here’s a brief breakdown of many of the different types of capacity in Arizona.
Capacity to Create…
Continue Reading More than Just a Brain Teaser: Capacity in Arizona – From Wills to Marriage

Imagine you are suddenly hospitalized and waiting to undergo an emergency surgery that you may not survive. You then realize you never prepared a will and are left scrambling to put something together. You grab a pen and start writing your will on a napkin next to your hospital bed, “Should I not survive this surgery, I leave everything to . . .”
It’s a scary thought, but it has been known to happen. If you or a loved one are ever faced with this dilemma, it is important to understand how Arizona determines whether a will is “conditional”. The…
Continue Reading Understanding Conditional Wills in Arizona: A Case Study

Berk Law Group actively monitors legal changes affecting our clients, particularly those involving mentally incapacitated individuals. Recently, we reviewed Senate Bill 1309, which amends the Arizona statutes regarding mental health evaluation and treatments.
The bill clarifies and streamlines mental health evaluation and treatment processes, ensuring the protection of individuals’ rights while providing clear guidelines for cases involving mental health issues posing risks to the person or others.
Key Provisions and Amendments
Application for Court-Ordered Evaluation (A.R.S. § 36-520)

• Any responsible person can apply for a court-ordered mental health evaluation for someone believed to be a danger to themselves

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Continue Reading ARIZONA SENATE BILL 1309: Mental Health Evaluations and Treatment