On April 15, 2026, the Arizona Court of Appeals issued a published opinion in Gouveia v. Gruler, No. 1 CA-CV 25-0402 PB.  This is an adult-guardianship dispute worth a careful read for every family member, guardian, and attorney involved in a guardianship case. The decision tackles three questions that come up repeatedly in our probate practice: (1) can a settlement agreement resolve a guardianship dispute; (2) when someone seeks contact with a protected person, who actually decides what’s in that person’s best interests; and (3) what happens when the superior court leans too far on the sitting guardian’s judgment?
The…
Continue Reading Why the Court Can’t Rubber-Stamp a Guardian’s Decision: Lessons from Gouveia v. Gruler

Today’s probate bench‑bar was well attended (93 practitioners at one point) and packed with practical guidance from the court.  Thank you, Commissioner Vanessa Smith, for hosting and coordinating.
Below are the most important updates Arizona probate and fiduciary litigators should be aware of, especially heading into mid‑2026.
Judicial Rotations Effective June 19, 2026
Significant judicial rotation changes are coming this summer:
Judges Rotating Off

• Judge Fink (retiring; thank you for your amazing service Judge Fink!)
• Comm. Smith
• Comm. Altieri
• Comm. Yost

Presiding Judges

• Judge Fish
• Associate Presiding Judge
• Judge LeMaire

New Judges Joining the Probate Bench

• Judge Greene (currently sitting)

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Continue Reading April 2026 Maricopa County Probate Bench Bar Meeting

If you’re an experienced operations leader with a strong background in legal billing, financial workflows, and team management, and you’re looking for a meaningful role in a supportive, high-performing law firm, Berk Law Group in Scottsdale is hiring, and this could be the perfect fit.
We’re an AV-rated probate, trust, estate, and inheritance litigation firm known for our integrity, dedication, and excellence. Our team is close-knit, hardworking, and genuinely supportive. If you’re looking for a professional yet collaborative environment where your leadership truly makes an impact, you’ll feel at home here.
We’re seeking a full-time Legal Operations Director with at…
Continue Reading Join our Team: Hiring a Legal Operations Director

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).

…
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