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

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

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

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

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

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

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

On January 13, 2022, the Court of Appeals provided an excellent illustration of intestate succession when it decided In the Estate of Dougherty. In doing so, the Court also clarified when an adopted person may inherit through their birth parents. While this decision does not provide some new, earth-shattering precedent, it does hammer down Arizona’s intestate succession procedure when the decedent’s descendants are the only surviving heirs.
When someone dies without a will, or other estate plan, that person has died “intestate.” Intestate succession is the statutory process for distributing an intestate decedent’s estate. Arizona has a comprehensive intestate succession…
Continue Reading Adopted, But Not Disinherited – An Example of Arizona Intestacy

SESSION SUMMARY
Days of Session: 171
Bills Posted: 1774
Bills Passed: 473
Bills Vetoed: 27
Bills Signed: 412
Resolutions Posted: 125
Resolutions Passed: 13
Session End: July 1, 2021
Non-Emergency Bills Effective (90 days after adjournment): September 29, 2021
Probate/Estate Related Laws
The 55th Arizona legislative session was capped with the passage of $1.9 billion in annual tax cuts.  The result, a flat tax of 2.5% for almost all Arizona taxpayers.  With the Proposition 208 tax on high income earners, Arizona’s maximum state income tax rate will now be 4.5%, instead of 8%.  The 55th session included the passage of…
Continue Reading Arizona 55th Legislative Session Summary

The “statute of limitation” is the deadline by which a person must file a lawsuit.  Unless some exception applies, if a person fails to file a complaint or petition within the applicable deadline, the claim will be barred, unless some exception applies.
So, what are the relevant deadlines?  When do the deadlines start running?  We will answer those and other questions below.
Arizona’s Typical Statutes of Limitation
Arizona’s statutes of limitation vary widely depending on the type of claim being asserted.  For example, claims based on the violation of a statute generally have to be filed within one year.  On…
Continue Reading Court of Appeals Addresses Statute of Limitation for Financial Exploitation Claim

Berk Law Group is pleased to introduce its newest associate attorney, Ryan Murphy.   For undergraduate school, Ryan attended Oklahoma State University where he graduated cum laude, earned a bachelor’s degree in economics, and a bachelor’s degree in political science in three years. Ryan then attended the Sandra Day O’Connor of Law at Arizona State University. He graduated from ASU law school and received his Arizona license to practice law in 2021.

Ryan looks forward to serving clients with his compassion, positive attitude, and diligent work ethic. Like the rest of the firm, his practice will focus on Arizona probate,…
Continue Reading Attorney Ryan Murphy Joins Berk Law Group

Berk Law Group, P.C., a preeminent probate law firm in Scottsdale, Arizona, is pleased to announce that Sarah E. Epperson has joined the firm as an associate attorney.  Sarah’s practice is focused on probate, trust and estate litigation and other contested estate matters, and administration..  She also has broad experience in the areas of civil and commercial litigation and civil appeals.
Epperson is an Arizona native who earned her B.A. in Political Science from the University of Arizona, summa cum laude, and her J.D. from the University of Arizona, James E. Rogers College of Law in 2013. She is a member…
Continue Reading Attorney Sarah E. Epperson Joins Berk Law Group