Introduction
In April 2025, the Arizona Supreme Court issued a landmark decision in Estate of Magdalena Rios De Dominguez v. Renee Kay Dominguez, sending shockwaves through Arizona’s real estate and elder law communities. The Court ruled that a facially valid, yet allegedly forged deed, could still trigger the five-year statute of limitations under A.R.S. § 12-524 to quiet title. While the case is far from over, the decision raises critical questions about protections for vulnerable property owners, especially the elderly.
The Case Background
The dispute centers on a vacant lot in Maricopa County. Magdalena Rios De Dominguez claimed that a…
Continue Reading What the Dominguez Case Means for Vulnerable Property Owners and Why Legislative Reform May Be Needed

“Macho Man” Randy Savage (Randall Mario Poffo), the larger than life WWE wrestler, died on May 20, 2011, in Seminole, Florida, leaving behind a sizable estate and apparently a detailed estate plan. His estate was administered in Pinellas County, Florida. Court filings confirm that a petition for probate was filed shortly after his death, and the court appointed a personal representative to handle the estate.
Reportedly, Savage had executed estate planning documents prior to his death – including creating the “Randy M. Poffo Trust” in August 2010 (13300 Indian Rocks Road, Largo, FL 33774 | Public Property Record) – which…
Continue Reading Estate of “Macho Man” Randy Savage – A Glimpse Into a Celebrity Estate Plan

Case Summary: Estate of Magdalena Rios De Dominguez v. Renee Kay Dominguez (CV-24-0102-PR)
In a significant April 2025 ruling, the Arizona Supreme Court clarified that a facially valid forged deed can trigger the five-year statute of limitations under A.R.S. § 12-524 to quiet title. This case, Estate of Magdalena Rios De Dominguez v. Renee Kay Dominguez, arose from a family dispute over the ownership of a vacant Maricopa County lot. Magdalena, the mother-in-law of Renee, alleged that a 2003 deed purporting to convey the property to Renee and her late husband was forged.
However, because the deed was facially valid…
Continue Reading Arizona Supreme Court Holds Forged Deed Can Trigger Quiet Title Statute of Limitation

The Maricopa County Superior Court’s Probate and Mental Health Division held its quarterly Bench/Bar Conference on April 15, 2025, continuing its commitment to foster open dialogue and collaboration between the Maricopa County probate, trust and estate bench and bar. These meetings are a key opportunity for legal professionals in the probate field to receive updates, share concerns, and participate in shaping the future of probate proceedings in Maricopa County Superior Court.  The meeting was led by Hon. Commissioner Vanessa Smith.
Key Takeaways from the April 2025 Session
While the discussions ranged widely, the main highlights included:

• • Appointment Procedures: Practitioners should

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Continue Reading Connecting the Probate Legal Community: Highlights from the April 2025 Bench/Bar Conference

“There is always a loose end.”  “Everybody has a secret they don’t want you to find. Find it!”  Rankin Fitch (by Gene Hackman), Runaway Jury.
Oddly enough, in estate litigation, that “loose end” or “secret” is often a person’s true wishes for how to distribute their property on death.  Consider, for instance, the peculiar circumstances reportedly surrounding actor Gene Hackman’s estate plan.  Executed in 2005, Hackman’s will named only his wife, Betsy Arakawa, as sole beneficiary and personal representative, completely omitting his three adult children, Christopher, Elizabeth, and Leslie, from a prior marriage. Complicating matters further, Hackman and Arakawa passed away…
Continue Reading Secrets and Scrutiny: What Estate Litigators Might Investigate About Gene Hackman’s Estate

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…
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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