Latest from Berk Law Group Blog

In a recent case that captured the attention of elder law practitioners, the Court of Appeals of Arizona delivered a decision that underscores the complexities surrounding the definition of “vulnerable adult” under Arizona law. While the case, *Holly Richardson, as Personal Representative of the Estate of Sally A. Hendrix, v. Jack Richard Hannallah, MD et al.*, does not create legal precedent, its insights into the Adult Protective Services Act (APSA) are invaluable for those navigating the legal landscape of elder law, guardianship, and conservatorship.
Hendrix v. Hannallah: Case Overview
Sally Hendrix, a 69-year-old with a diabetic ulcer and other health
Continue Reading Understanding the Court of Appeals Decision on Vulnerable Adults: A Case Study

Dear Friends, Clients, and Community Members,
As we celebrate the 28th anniversary of Berk Law Group, P.C. on April 1, 2024, I am filled with immense gratitude and a sense of profound reflection. Founded in 1996, our firm embarked on a mission to serve our community. Today, as we celebrate this significant milestone, I want to extend my heartfelt thanks to each of you for your unwavering support, trust, and confidence.
Over the years, we have had the privilege of assisting hundreds of clients, each with their unique challenges and needs. Our commitment to integrity, dedication, and excellence has been
Continue Reading Celebrating 28 Years of Dedication: A Message from Kent S. Berk

Dear clients, colleagues and friends:
As many of you know, in 2002, my family and I founded and then designed and built AZ on the Rocks – Indoor Climbing in Scottsdale, Arizona. We successfully ran that sports and family entertainment business for almost 20 years. In 2022, we decided to focus on other projects and sold AZ on the Rocks.
I’m now excited to share with you our new adventure, one that is close to my heart and holds tremendous promise for our Scottsdale community. Alongside my brother, Kevin J. Berk, and friends and partners Brett and David Warner, I
Continue Reading Kent Berk Announces Another Sports Venture: PURE Pickleball Coming to Scottsdale

Berk Law Group Proudly Announces: Kent Berk Named 2023 Robert R. Mills Member of the Year by Maricopa County Bar Association
We are pleased to announce that our Founder and Managing Partner, Kent Berk, has been honored with the prestigious 2023 Robert R. Mills Member of the Year award by the Maricopa County Bar Association (MCBA). This annual award celebrates an MCBA member who has gone above and beyond in contributing to the association’s programs, furthering the ideals of the legal profession, and dedicating themselves to public service.
More than a Solo Journey: A Community of Support
As Kent
Continue Reading Kent Berk Receives the Prestigious Robert R. Mills Member of the Year Award by MCBA

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

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

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