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

I was born in Denver, Colorado where we lived in a simple neighborhood through third grade.
Our grade school was through the gate of our backyard. No bus. No stress. The highlights of my day were playing with my brothers and friends in the fields behind our house. And walking home for lunch to have SpaghettiOs’s and watch “Beat the Clock” with my mom. Those were the days!
We moved to Scottsdale before fourth grade. I had to ride the bus – a big/long school bus full of kids. We were still new. I didn’t know the area. It felt…
Continue Reading Trapped on a Bus: How I Became a Lawyer

 
Can “XO” Count as a Signature on a Will in Arizona?
We’ve all scribbled a quick note on a sticky pad. But in Arizona, a few words on a scrap of paper can spark major legal battles after someone passes away. A recent case shows why informal notes — no matter how heartfelt — often fail as valid wills.
The Case of the Sticky Notes
When Jamie Bixby died in 2023, two handwritten sticky notes were found on her coffee table. One said:
“I’m sorry, I just don’t have the tools for this. Beth gets everything.”
The second ended…
Continue Reading Why “XO” Wasn’t Enough: Arizona Court Rejects Sticky Note Will

Roderick George Toombs, better known as “Rowdy” Roddy Piper, was a larger-than-life wrestling icon from Canada.  Though some reports speculate that the children filed a contest, no formal contest appears to have been filed.  Nonetheless,  after his death in 2015, Piper’s estate became a case study, which we will examine under Arizona probate law.
We’ll show how blended families, complex assets, and unresolved debts can turn an inheritance into a high-stakes showdown. In this article, we step into the ring of Piper’s family to illustrate key concepts under Arizona law (Title 14 of the Arizona Revised Statutes). We’ll look at…
Continue Reading Rowdy Roddy Piper’s Final Bout: Arizona Probate Lessons from a Blended Family

 
In Arizona probate, trust, and estate litigation, it’s not uncommon to encounter disputes over ownership of real property, especially when it’s held in the name of a trust, LLC, or other third party. Litigants often try to secure their claims by recording a lis pendens—a public notice asserting that the property is tied up in litigation. But as the Arizona Court of Appeals reminded us in Westbrook Rental, LLC v. Goodman (Arizona Court of Appeals, July 16, 2025), doing so without proper procedure can create costly exposure—even if your suspicions about ownership turn out to be right.
This…
Continue Reading When a Lis Pendens Backfires: Key Lessons for Probate, Trust & Estate Litigators

Adoption can significantly affect inheritance rights, leading to complex legal disputes. A recent Arizona case discussed below highlights how adoption, even without formal records, can impact estate planning and probate outcomes.
In the Matter of Estate of Buchman (No. 1 CA-CV 24-0729 PB, filed 06-24-2025), Division 1 of the Arizona Court of Appeals examined whether Amy Pamela Buchman had been legally adopted by David and Lillian Buchman, despite no formal adoption decree.
At birth, Amy and her twin sister were voluntarily placed with the Buchmans by their biological mother, Barbara Moss, who signed a hospital record relinquishing parental care. Amy was raised…
Continue Reading Arizona Adoption and Inheritance Rights: Insights from the Matter of Estate of Buchman

What happens when a loved one is admitted to a nursing home, and a family member signs pages of admission paperwork—including a binding arbitration agreement—without the resident’s explicit consent? Can that agreement be enforced later to block a lawsuit for wrongful death or elder abuse? An unpublished July 2025 decision from the Arizona Court of Appeals answers with a clear “no.”
In Giacone v. Youngtown Health Inc., the court affirmed the trial court’s decision rejecting a nursing home’s motion to compel arbitration, reinforcing that implied authority isn’t enough—especially when the signer lacks the legal right to waive fundamental protections…
Continue Reading Arizona Court Affirms Denial of Arbitration in Nursing Home Negligence Case