Takeaways from the MCBA’s “Mind, Machine & Practice” forum
Today, I moderated the second session of the Maricopa County Bar Association’s quarterly forum series, Mind, Machine & Practice. I was joined by the Hon. David B. Gass of the Arizona Court of Appeals, Division One, and the Hon. Lisa VandenBerg, Arizona’s Presiding Disciplinary Judge. Our subject was artificial intelligence in legal practice, and the hour was eligible for ethics CLE credit.
What follows are my own takeaways. Nothing here is attributed to either judge, and nothing here is legal advice.
Arizona has moved from talking about AI to regulating it…
Continue Reading AI Is Already in Your Practice. Arizona Has Now Told You What That Requires

Berk Law Group is pleased to welcome Allison “Ali” Evans to the firm as a senior associate. Ali focuses her practice on probate, trust, and fiduciary litigation, representing clients in complex and contested matters involving estates, trusts, fiduciaries, and vulnerable adults.
With more than 15 years of experience in fiduciary disputes and litigation, Ali brings substantial courtroom experience, a deep understanding of Arizona probate law, and a long-standing commitment to serving clients facing difficult and often highly personal disputes.
Returning to Arizona
Ali’s legal career has strong roots in Arizona, and Berk Law Group is excited to welcome her back…
Continue Reading Berk Law Group Welcomes Senior Associate Allison “Ali” Evans

The Arizona Supreme Court just changed the rules on when someone else can join your confidential conversations with your lawyer. In probate, trust, estate and fiduciary disputes, that question comes up constantly.

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Continue Reading Who Can Be in the Room? A New Arizona Privilege Ruling and Your Probate or Trust Matter

Testamentary capacity in Arizona is judged by the testator’s state of mind at one specific moment: the moment of signing. But what happens when the person who signed it had already been diagnosed with moderate dementia more than a year earlier? Can a court look at how someone was declining in the months before and after they signed, or is it limited to what happened precisely on signing day itself?
In a published opinion issued on July 29, 2026, the Arizona Court of Appeals answered that question and, in the process, reversed a trial court that had admitted a contested…
Continue Reading Testamentary Capacity in Arizona: When Is a Will Signed After a Dementia Diagnosis Still Valid?

Testamentary capacity in Arizona is judged by the testator’s state of mind at one specific moment: the moment of signing. But what happens when the person who signed it had already been diagnosed with moderate dementia more than a year earlier? Can a court look at how someone was declining in the months before and after they signed, or is it limited to what happened precisely on signing day itself?
In a published opinion issued on July 29, 2026, the Arizona Court of Appeals answered that question and, in the process, reversed a trial court that had admitted a contested…
Continue Reading Testamentary Capacity in Arizona: Can Someone With Dementia Still Legally Sign a Will?

SCOTTSDALE, AZ — Berk Law Group is proud to announce that Amanda Thomas has joined the firm as its new Director of Operations, a key addition as the firm enters an exciting period of growth.
Amanda brings more than 20 years of operational leadership to Berk Law Group. She founded her own company in 2007, built and led its teams for 14 years, and successfully sold the business in 2021.  She went on to establish The Fractionals, providing fractional COO services to growing businesses and helping founders transition from management to leadership.
“Amanda’s experience building and growing teams is exactly…
Continue Reading Berk Law Group Welcomes Amanda Thomas as Director of Operations

Probate, guardianship, and conservatorship cases are governed by statutes and court rules, but effective representation also requires understanding how those requirements operate in the courtroom.
Members of the Berk Law Group team regularly attend probate bench-bar meetings, continuing legal education programs, and other court-related events. These meetings provide valuable practical guidance directly from the judges and attorneys who work with Arizona probate matters every day.
The July 14, 2026, probate bench-bar meeting included several useful reminders for attorneys, fiduciaries, and families involved in Maricopa County, Arizona probate proceedings.
Minor Conservatorship Petitions May Require Supplemental Information
One important discussion concerned petitions…
Continue Reading Staying Current in Arizona Probate Court: Practical Takeaways from the July 2026 Bench-Bar Meeting

When an estate is asset-poor and claim-heavy, a personal representative often faces an uncomfortable choice: fight every claim to the last dollar, or cut a deal that protects what little value remains.
The Arizona Court of Appeals’ 2026 decision in Gonzalez v. Fiduciary Solutions is a clean illustration of how much room Arizona law gives a personal representative to make that call, and how hard it is for an unhappy heir to unwind a settlement on appeal. Division One affirmed the probate court’s approval of a settlement that handed the estate’s only meaningful asset to one heir, over the strenuous…
Continue Reading A Personal Representative’s Power to Settle: Gonzalez v. Fiduciary Solutions and When Arizona Courts Will Approve a Compromise

Earlier this month, Catalan, Spain police arrested Jonathan Andic, heir to the multi-billion-dollar Mango fashion empire, in connection with the December 2024 death of his father, founder Isak Andic.  Isak fell almost 500 feet into a ravine while the two were hiking outside Barcelona.  The death was initially ruled accidental, and the file was reopened only after forensic review of phone and photo data contradicted the son’s account.
Spain will sort out the criminal case and the estate. But the underlying question is one we field in Arizona probate and trust litigation: what happens to a child’s inheritance when…
Continue Reading When a Child Kills a Parent: Arizona’s Slayer Statute and the Mercy-Killing Gap

Intervention issues don’t arise often in Arizona probate Court.  Nichols v. Slavicek, No. 1 CA-CV 25-0272 PB (Ariz. App. May 4, 2026) (mem. decision), is a sharp reminder that the rules apply and probate courts cannot quietly sideline a surviving parent from cases involving her own minor children.  Even in an unusual procedural posture, and even when a guardian ad litem and a law firm say they have things under control. Division One vacated the superior court’s denial of a mother’s motion to intervene, holding that her constitutional and statutory parental rights, combined with the liberal construction of Arizona Rule…
Continue Reading When a Probate Court Locks Out a Surviving Parent: Nichols v. Slavicek and Why Rule 24 Still Matters in Conservatorship Disputes

AI is everywhere. And if you’re involved in a probate, trust, or estate dispute, there’s a good chance you’ve already wondered whether you should be using it to help with your case.
It’s a fair question.  One we now routinely hear from clients. The answer is yes, AI can help. But only if you use it the right way. That’s why we’re excited to release a new free resource for clients and anyone else navigating an Arizona probate or trust matter: the Berk Law Group AI Client Tipsheet.
You can access it here: https://berklawgroup.com/tools/ai-client-tipsheet/
Why we built it
Public AI…
Continue Reading Announcing the Berk Law Group AI Client Tipsheet: How to Use AI Safely When You’re in a Probate or Trust Dispute

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