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By: Berk Law Group

Blog Authors

Kent Berk
Dean Brekke
Ryan Murphy
Salim Shleef

Latest from Berk Law Group Blog

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

melinda-gimpel-9_2GVskimEg-unsplash will Photo by Melinda Gimpel on Unsplash
Photo by Melinda Gimpel on Unsplash

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

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

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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

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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

On August 10, 2021, the Court of Appeals issued its decision in the case of In Re Norvelle.  Unfortunately, that case gives us very little guidance on the issue of what constitutes “actual discovery of the cause of action.”  Read our statutes of limitation article for an introduction to statutes of limitation in financial exploitation, abuse and neglect cases.
In Norvelle, Sisters sued their Brother for allegedly financially exploiting their Father.  Father had suffered a stroke in 2012.  Due to Father’s impairments, Brother moved in with Father to assist him until Father died in 2016.  The parties seem to…
Continue Reading Court of Appeals gives little guidance in Adult Protective Services Act Statute of Limitation Case

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Scottsdale, Arizona probate and elder law attorney Kent S. Berk will present a seminar at the 2021 Arizona Fiduciaries Association Fall Workshop.  Kent will co-present Scams & Exploitation of Elderly/Vulnerable Persons with Courtney Bennett from the Arizona Attorney’s General Office.
Topics will include:

  • Purposes & Construction of the Adult Protective Services Act
  • Who is Protected?
  • Who is subject to the Act?
  • Standard of Care and Exceptions
  • Remedies
  • Reporting Obligations
  • Other issues, e.g. standing and statute of limitations

AFA Fall Workshop Information
When: October 22, 2021
8:00 AM – 4:00 PM
Location: The High Country Conference Center Flagstaff, 201 W Butler Ave…
Continue Reading Kent Berk to Present at Arizona Fiduciary Association Fall Workshop

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Arizona’s Adult Protective Services Act, “APSA” for short, was adopted to expand the rights and claims to remedy abuse, neglect and financial exploitation of Arizona’s large population of vulnerable adults. Arizona courts are required to construe the statute broadly to protect vulnerable adults.  You can find a comprehensive discussion of financial exploitation claims here on our website.
In summary, there are four basic requirements to establish a claim for financial exploitation in Arizona pursuant to A.R.S. § 46-456(A):

  • A person who is in a position of trust and confidence;
  • To a vulnerable or incapacitated adult;
  • Uses the vulnerable adult’s

    • …
    Continue Reading Free to Leave: Interested Persons Pursuit of Financial Exploitation Claims

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    Arizona has a large population of vulnerable adults.  Arizona adopted the Adult Protective Services Act (“APSA”) in 1980.  The Arizona legislature has amended and supplemented APSA several times since.
    The goal of APSA is to protect Arizona’s large population of vulnerable adults from abuse, neglect and financial exploitation.  In order to further the objective of protecting vulnerable adults, in 2006, Arizona added A.R.S. § 46-459, which provides for the Adult Protective Services Registry.
    Pursuant to the law, the Arizona Department of Economic Security (the “Department” or “ADES”) is required to “maintain a registry of substantiated reports of abuse, neglect and…
    Continue Reading Arizona’s Adult Protective Services Act Registry

    chris-ried-LfG7RwMM6g8-unsplash Photo by Chris Ried on Unsplash
    Photo by Chris Ried on Unsplash

    Hearsay Rule Defined
    Under Arizona Rules of Evidence 801 and 802, hearsay is inadmissible unless an exception applies.  Rule 801(c) defines hearsay as

    a statement that:

    (1) the declarant does not make while testifying at the current trial or hearing and

    (2) a party offers in evidence to prove the truth of the matter asserted in the statement.

    (Emphasis added.)

    Although relatively clear, to further define the rule, a “statement” is a “person’s oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion.” Ariz. R. Evid. 801(a).  A “declarant” is “the person who made the…
    Continue Reading Computer-generated statements and the hearsay rules