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
Latest from Berk Law Group Blog
ARIZONA SENATE BILL 1309: Mental Health Evaluations and Treatment
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
AI Prompt Writing: Tips and Examples for Lawyers
TIPS FOR PROMPT WRITING
GENERIC PROMPTS/PROMPTS TO INCLUDE WITH OTHERS
Continue Reading AI Prompt Writing: Tips and Examples for Lawyers
Understanding the Court of Appeals Decision on Vulnerable Adults: A Case Study
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
TOP WAYS ChatGPT-4 CAN HELP YOU IN YOUR LAW PRACTICE
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
Celebrating 28 Years of Dedication: A Message from Kent S. Berk
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
Kent Berk Announces Another Sports Venture: PURE Pickleball Coming to Scottsdale
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
Kent Berk Receives the Prestigious Robert R. Mills Member of the Year Award by MCBA
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
2023 Major Amendments to Arizona Probate Code
The legal landscape is ever-evolving, with laws being amended to address the changing needs of society. One such significant amendment in Arizona is SB1291, which has made significant changes to Title 14, governing matters related to decedents, missing persons, protected persons, minors, and incapacitated persons. The changes take effect on October 30, 2023. This discussion aims to provide an in-depth analysis of these changes, with specific cross-references to the provisions of Title 14 impacted by SB1291.
Chapter 1. General Provisions, Definitions and Probate Jurisdiction of Courts
Section 14-1102: Purposes; rule of construction
– Changes: SB1291 clarifies and expands the
Continue Reading 2023 Major Amendments to Arizona Probate Code
Welcome Associate Attorney Dan Otsuki
We are pleased to announce the addition of Dan Otsuki as an associate attorney. Dan was born in Littleton, Colorado and grew up in a combination of Colorado and Florida.
Dan attended the University of Puget Sound in Tacoma, Washington for undergrad, before attending the University of Minnesota Law School. While in law school, Dan served as a staffer and, eventually, an editor of the Minnesota Law Review and did clinical work with the Minnesota Innocence Project.
Before coming to Berk Law Group, Dan practiced in estate planning law where his focus was keeping his clients and their loved ones
Continue Reading Welcome Associate Attorney Dan Otsuki
Opposition to SB1699
I am and have been for more than 30 years an attorney practicing law in Arizona. I have had my own firm in Scottsdale for more than 27 years, and for many have practiced heavily in contested probate proceedings, including those arising under Title 14 of the Arizona Revised Statutes. We currently specialize in probate litigation, including contested matters under Title 14.
I have carefully read SB1699, new proposed A.R.S. § 14-1306: Mediation; bench trial; jury trial; civil penalties. For at least the following reasons, I strongly urge you and your colleagues to vote against this Bill.
Please view
Continue Reading Opposition to SB1699
NOW HIRING! Litigation Associate Attorney
Job description
About us
Berk Law Group, P.C. is a small law firm in Scottsdale, AZ 85260. We specialize in probate litigation. We are collaborative, professional and supportive.
Our work environment includes:
- Flexible working hours
- On-the-job training and mentorship
- Relaxed atmosphere
- Challenging work
Berk Law Group, P.C. is an AV rated growing and progressive small Scottsdale, Arizona law firm. We currently have 4 attorneys. We are a close knit supportive office – professional, friendly, fun, highly reputable and respected. Our office offers great teamwork, opportunities for growth. We have a convenient location in Scottsdale. We have flexible schedules and may
Continue Reading NOW HIRING! Litigation Associate Attorney
Now Hiring! Litigation Paralegal
Litigation Paralegal/Legal Assistant
IMMEDIATE – PERMANENT POSITION AVAILABLE
About us
Berk Law Group, P.C. is an AV rated, highly reputable (all 5 star reviews on Google), progressive law firm conveniently located just off of the Loop 101 and Raintree Dr. in Scottsdale, Arizona. We are close-knit, hardworking, and supportive of each other’s efforts to serve the needs of our clients at the highest level. We are professional, intellectual, friendly, fun, highly respected. You can expect to come to work in a fast-paced, welcoming, and relaxed atmosphere.
We primarily handle matters falling under Title 14 and Title 46 of the Arizona
Continue Reading Now Hiring! Litigation Paralegal
Timing is everything, even after you’re gone
On October 31, 2022, Forbes released its list of “Highest-Paid Dead Celebrities of 2022“. The list is riddled with tongue-in-cheek remarks (it was released on Halloween, after all), but this kind of information is truly fascinating.
Of the 13 named in this list, just one is an athlete – Kobe Bryant. The remaining are authors, musicians, and writers, or some combination of the three. Even Kobe Bryant was getting his reps in on becoming a filmmaker prior to his tragic death, winning an Oscar in 2017 for his animated short film “Dear Basketball”, which he wrote and produced.
Continue Reading Timing is everything, even after you’re gone
Tom Petty: Still Headlining
I’m not a professional or even amateur headline writer, but if I were, mine would read as:
“Petty Estate ‘Won’t Back Down’: Demands Kari Lake’s Campaign Immediately Cease & Desist in Wake of Arizona Governorship Loss”
Just a few years ago, the Petty Estate was embroiled in litigation over who would be appointed to lead the administration of the Estate, i.e., the personal representative. Among many other things, and dependent on the circumstances, a personal representative is someone with the authority – and perhaps an obligation – to issue cease and desist letters on behalf of an estate. You can
Continue Reading Tom Petty: Still Headlining
Conservator Does Not have Certain Duties to Beneficiaries
Those were the issues addressed in the Snyder v. Entrust Fiduciary Services, Inc. case decided May 28, 2015 by the Arizona Court of Appeals
The post Conservator Does Not have Certain Duties to Beneficiaries appeared first on Berk Law Group.
Continue Reading Conservator Does Not have Certain Duties to Beneficiaries