The Arizona Supreme Court just changed the rules on when someone else can join your confidential conversations with your lawyer. In probate, trust, estate and fiduciary disputes, that question comes up constantly.
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Testamentary Capacity in Arizona: When Is a Will Signed After a Dementia Diagnosis Still Valid?
Testamentary capacity in Arizona is judged by the testator’s state of mind at one specific moment: the moment of signing. But what happens when the person who signed it had already been diagnosed with moderate dementia more than a year earlier? Can a court look at how someone was declining in the months before and after they signed, or is it limited to what happened precisely on signing day itself?
In a published opinion issued on July 29, 2026, the Arizona Court of Appeals answered that question and, in the process, reversed a trial court that had admitted a contested…
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Berk Law Group Welcomes Amanda Thomas as Director of Operations
SCOTTSDALE, AZ — Berk Law Group is proud to announce that Amanda Thomas has joined the firm as its new Director of Operations, a key addition as the firm enters an exciting period of growth.
Amanda brings more than 20 years of operational leadership to Berk Law Group. She founded her own company in 2007, built and led its teams for 14 years, and successfully sold the business in 2021. She went on to establish The Fractionals, providing fractional COO services to growing businesses and helping founders transition from management to leadership.
“Amanda’s experience building and growing teams is exactly…
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Staying Current in Arizona Probate Court: Practical Takeaways from the July 2026 Bench-Bar Meeting
Probate, guardianship, and conservatorship cases are governed by statutes and court rules, but effective representation also requires understanding how those requirements operate in the courtroom.
Members of the Berk Law Group team regularly attend probate bench-bar meetings, continuing legal education programs, and other court-related events. These meetings provide valuable practical guidance directly from the judges and attorneys who work with Arizona probate matters every day.
The July 14, 2026, probate bench-bar meeting included several useful reminders for attorneys, fiduciaries, and families involved in Maricopa County, Arizona probate proceedings.
Minor Conservatorship Petitions May Require Supplemental Information
One important discussion concerned petitions…
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A Personal Representative’s Power to Settle: Gonzalez v. Fiduciary Solutions and When Arizona Courts Will Approve a Compromise
When an estate is asset-poor and claim-heavy, a personal representative often faces an uncomfortable choice: fight every claim to the last dollar, or cut a deal that protects what little value remains.
The Arizona Court of Appeals’ 2026 decision in Gonzalez v. Fiduciary Solutions is a clean illustration of how much room Arizona law gives a personal representative to make that call, and how hard it is for an unhappy heir to unwind a settlement on appeal. Division One affirmed the probate court’s approval of a settlement that handed the estate’s only meaningful asset to one heir, over the strenuous…
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When a Child Kills a Parent: Arizona’s Slayer Statute and the Mercy-Killing Gap
Earlier this month, Catalan, Spain police arrested Jonathan Andic, heir to the multi-billion-dollar Mango fashion empire, in connection with the December 2024 death of his father, founder Isak Andic. Isak fell almost 500 feet into a ravine while the two were hiking outside Barcelona. The death was initially ruled accidental, and the file was reopened only after forensic review of phone and photo data contradicted the son’s account.
Spain will sort out the criminal case and the estate. But the underlying question is one we field in Arizona probate and trust litigation: what happens to a child’s inheritance when…
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When a Probate Court Locks Out a Surviving Parent: Nichols v. Slavicek and Why Rule 24 Still Matters in Conservatorship Disputes
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…
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Announcing the Berk Law Group AI Client Tipsheet: How to Use AI Safely When You’re in a Probate or Trust Dispute
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…
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Why the Court Can’t Rubber-Stamp a Guardian’s Decision: Lessons from Gouveia v. Gruler
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…
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April 2026 Maricopa County Probate Bench Bar Meeting
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)
…
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Join our Team: Hiring a Legal Operations Director
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…
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A Milestone That’s No Joke! 30 Years of Advocacy, Trust, and Gratitude
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…
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Berk Law Group Launches Free Arizona Probate & Elder Law Tools
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…
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When a “Contempt Fine” Becomes a Problem: Isom v. Isom and What Probate Litigators Should Take From It
Arizona probate litigation can get intense fast—missing inventories, stonewalled accountings, ignored turnover orders, withheld trust records, or parties “doing self-help” with estate or trust assets. When a judge is frustrated, it’s natural to see courts reach for contempt and monetary sanctions.
But Isom v. Isom (Division One, filed March 2, 2026) is a useful reminder: how a court labels (and structures) a monetary contempt sanction matters—because a sanction that is really criminal contempt triggers criminal-procedure protections, including hard limits on fines without a jury trial or waiver.
Even though Isom is a memorandum decision (not precedential), it’s still a practical…
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Arizona Appeals Court: You Can’t “ADR Away” an Undue Influence Challenge to a Trust Amendment
Some trusts try to solve family conflict with a built-in off-ramp: appoint a “Special Co-Trustee,” require everyone to submit disputes to that person first, and allow mediation or even binding arbitration—with language saying the outcome is “binding” and “not subject to review.”
That system may work for many trustee/beneficiary disputes. But this opinion makes something clear: it doesn’t control when the real question is whether the amendment is valid at all because of undue influence.
What happened
Carol and James May created a living trust in 2003. In 2009, they added an ADR provision authorizing a “Special Co-Trustee” to resolve…
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Camera Optional, Attention Required: Rethinking How Lawyers Learn Together
The mission of the Maricopa County Bar Association is to be the place “Where the Legal Community Connects.” Ideally, that means connecting people with information—and connecting people with people.
After all, the legal profession is built on relationships. We learn from one another, refer cases to one another, challenge one another’s thinking, and—at our best—hold one another accountable to shared professional standards.
Continuing Legal Education (CLE) has long been one of the places where those relationships are formed and reinforced. As CLE has increasingly moved online, access and convenience have improved. At the same time, we have lost that sense…
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