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

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

Partner: “Here’s a matter/issue, go figure it out.”  New Associate: “Uhm, okay.” The Associate walks away wondering whether they should have accepted the position.  They then spend the next three days just trying to figure out how to find the electronic file and fumbling through the other of many steps necessary to process a matter.
That is an oversimplification and just a slight exaggeration (or maybe not) for some new hires.  Firms are so busy, they are lucky to have a current handbook with detailed workflows, policies and procedures, let alone a robust employee knowledge base, training and testing platform. …
Continue Reading How We Built a Robust Custom Private GPT Employee Knowledge Base and Training Program in About Two Weeks

TIPS FOR PROMPT WRITING

GENERIC PROMPTS/PROMPTS TO INCLUDE WITH OTHERS

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Continue Reading AI Prompt Writing: Tips and Examples for Lawyers

In a recent case that captured the attention of elder law practitioners, the Court of Appeals of Arizona delivered a decision that underscores the complexities surrounding the definition of “vulnerable adult” under Arizona law. While the case, *Holly Richardson, as Personal Representative of the Estate of Sally A. Hendrix, v. Jack Richard Hannallah, MD et al.*, does not create legal precedent, its insights into the Adult Protective Services Act (APSA) are invaluable for those navigating the legal landscape of elder law, guardianship, and conservatorship.
Hendrix v. Hannallah: Case Overview
Sally Hendrix, a 69-year-old with a diabetic ulcer and other health…
Continue Reading Understanding the Court of Appeals Decision on Vulnerable Adults: A Case Study

The question for most in the legal industry is not whether, but “how” can we implement Artificial Intelligence (AI) to better and more efficiently serve more clients and/or the public.
There are so many chatbots and other AI services that it is almost impossible to keep up with them.  And it may not be necessary.  I have been experimenting with and using Open AI’s GPT+ (now GPT-4), $20/month, through openai.com.
Most of the advertised AI services are GPT-4 based models that have been specially trained, so for anyone who has not done so already, I recommend that you try GPT-4…
Continue Reading TOP WAYS ChatGPT-4 CAN HELP YOU IN YOUR LAW PRACTICE

Dear Friends, Clients, and Community Members,
As we celebrate the 28th anniversary of Berk Law Group, P.C. on April 1, 2024, I am filled with immense gratitude and a sense of profound reflection. Founded in 1996, our firm embarked on a mission to serve our community. Today, as we celebrate this significant milestone, I want to extend my heartfelt thanks to each of you for your unwavering support, trust, and confidence.
Over the years, we have had the privilege of assisting hundreds of clients, each with their unique challenges and needs. Our commitment to integrity, dedication, and excellence has been…
Continue Reading Celebrating 28 Years of Dedication: A Message from Kent S. Berk

Dear clients, colleagues and friends:
As many of you know, in 2002, my family and I founded and then designed and built AZ on the Rocks – Indoor Climbing in Scottsdale, Arizona. We successfully ran that sports and family entertainment business for almost 20 years. In 2022, we decided to focus on other projects and sold AZ on the Rocks.
I’m now excited to share with you our new adventure, one that is close to my heart and holds tremendous promise for our Scottsdale community. Alongside my brother, Kevin J. Berk, and friends and partners Brett and David Warner, I…
Continue Reading Kent Berk Announces Another Sports Venture: PURE Pickleball Coming to Scottsdale

Berk Law Group Proudly Announces: Kent Berk Named 2023 Robert R. Mills Member of the Year by Maricopa County Bar Association
We are pleased to announce that our Founder and Managing Partner, Kent Berk, has been honored with the prestigious 2023 Robert R. Mills Member of the Year award by the Maricopa County Bar Association (MCBA). This annual award celebrates an MCBA member who has gone above and beyond in contributing to the association’s programs, furthering the ideals of the legal profession, and dedicating themselves to public service.
More than a Solo Journey: A Community of Support
As Kent…
Continue Reading Kent Berk Receives the Prestigious Robert R. Mills Member of the Year Award by MCBA