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

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Even though Isom is a memorandum decision (not precedential), it’s still a practical…
Continue Reading When a “Contempt Fine” Becomes a Problem: Isom v. Isom and What Probate Litigators Should Take From It

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…
Continue Reading Arizona Appeals Court: You Can’t “ADR Away” an Undue Influence Challenge to a Trust Amendment

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…
Continue Reading Camera Optional, Attention Required: Rethinking How Lawyers Learn Together

What if the thing that makes you a better lawyer, a happier employee, and a more trusted firm has four legs and a wagging tail?
Let’s be real—legal work can be a lot. Between tight deadlines, emotionally heavy cases, and huge workloads, things can get pretty intense. But here’s the thing: science backs up what dog people have known all along.  Allowing dogs in the workplace isn’t just heartwarming. It’s research-backed, good for mental health, and surprisingly good for business.

Around the Berk Law Group office, you’ll see this play out in the…
Continue Reading The Case for Dogs in the Office: Why a Pet-Friendly Workplace Just Makes Sense

The Arizona Court of Appeals recently issued an important opinion addressing when attorneys’ fees may—and may not—be awarded in trust litigation. The case, Krishnan v. Krishnan, offers valuable clarification for trustees, beneficiaries, and the attorneys who advise them, particularly on the interpretation of A.R.S. § 14‑1105(A).

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Continue Reading Arizona Court of Appeals Clarifies: Trust Beneficiaries Cannot Recover Attorneys’ Fees Under A.R.S. § 14‑1105(A)

Associate Litigation Attorney
If you’re an Arizona attorney looking for meaningful litigation experience and a great place to grow, Berk Law Group might be exactly what you’re looking for. We’re a respected Scottsdale law firm focused exclusively on probate, trust, estate, and inheritance litigation—and we’re hiring a full-time Associate Attorney.
At BLG, culture matters. Our team is close-knit, supportive, and genuinely collaborative. We pride ourselves on integrity, professionalism, and treating clients—and each other—the way we’d want to be treated. If you want to work in an environment where you feel valued and make a real impact, you’ll feel right at…
Continue Reading Join our Team: Hiring Associate Litigation Attorneys and Paralegals/Legal Assistants

A recent Arizona Court of Appeals memorandum decision provides useful insight into the application of no-contest clauses in trusts—especially where co-trustees and beneficiary-trustees are involved. In Champagne v. Bozer, the appellate court affirmed the superior court’s dismissal of a counter-petition and denial of leave to amend to assert a claim to invoke a no contest clause and disinherit a beneficiary.
Facts & Procedural Posture
• Trustor Rick Champagne created the “Rick Champagne Revocable Trust U/A/D February 21, 2005, as Restated and Amended” (the “Trust”).
• The Trust contains a no-contest clause.
• The Trust names as successor co-trustees: the Trust’s…
Continue Reading No-Contest Clauses Don’t Automatically Trigger: Key Takeaways from Champagne v. Bozer

When families turn to the Arizona courts to resolve disputes over a loved one’s estate, procedure can be just as important as substance. The recent Arizona Court of Appeals decision in Goudeau v. Goudeau (1 CA-CV 24-0662 PB, Oct. 15, 2025) underscores that point. In affirming the lower court’s probate ruling, the appellate court reinforced the importance of properly finalizing judgments under Rule 54(c) and following every procedural step when appealing a probate or estate case. For anyone involved in an Arizona probate appeal or trust dispute, Goudeau serves as a cautionary tale—and a roadmap—for doing things right.
The case…
Continue Reading Goudeau v. Goudeau: Arizona Court Rejects Invalid Will in Probate Appeal

Here at Berk Law Group, we always strive to stay informed about updates and changes in the Arizona probate, trust and estate world.  Here are the key updates and reminders from the recent Bench Bar Meeting:
Court Forms

• Pre-Signed Order & Acknowledgement
  The pre-signed (Judge Fink) Order and Acknowledgement is available on the Court Forms page.
• Updated Forms
  Several court forms have been updated, including guardianship and accounting forms. Please ensure you are using the latest versions.

Accelerated Rulings – ARCP 19 and 15(i)

• Include the accelerated ruling request in the caption.
• Explain why an accelerated hearing is needed.
• A

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Continue Reading October 14, 2025 Maricopa County Probate Bench Bar Meeting

When billionaires go to court, the headlines make it sound like the disputes are worlds apart from the rest of us. But the recent Murdoch family trust battle shows that—even at the highest levels—trust disputes often boil down to familiar issues: control, family dynamics, and the limits of legal authority.
The Dispute at a Glance
Media mogul Rupert Murdoch attempted to amend long-standing irrevocable trusts that held control over parts of his vast media empire. His goal? To give his eldest son, Lachlan, greater control and limit the power of his other children in managing the family’s holdings.
A Nevada…
Continue Reading Trust Wars: Lessons from the Murdoch Family’s Legal Battle Over Control

Real estate and family relationships often mix in complicated ways—especially after someone passes away in Arizona. A recent Arizona Court of Appeals decision, Colon v. Vigil (Sept. 16, 2025), illustrates how informal agreements and unfulfilled conditions can lead to costly disputes and lengthy court battles.
The Case in Brief
Tracy Loretto bought a home in Tolleson in 2003. Six years later, her then-estranged husband, Jose Colon, moved in under a written “House Agreement.” The agreement said Colon would assume the mortgage and take full responsibility for all payments and expenses. In return, Loretto would transfer the property to him…
Continue Reading When Promises About Arizona Real Estate Go Wrong: Lessons from Colon v. Vigil