Latest from Berk Law Group Blog - Page 2

When billionaires go to court, the headlines make it sound like the disputes are worlds apart from the rest of us. But the recent Murdoch family trust battle shows that—even at the highest levels—trust disputes often boil down to familiar issues: control, family dynamics, and the limits of legal authority.
The Dispute at a Glance
Media mogul Rupert Murdoch attempted to amend long-standing irrevocable trusts that held control over parts of his vast media empire. His goal? To give his eldest son, Lachlan, greater control and limit the power of his other children in managing the family’s holdings.
A Nevada
Continue Reading Trust Wars: Lessons from the Murdoch Family’s Legal Battle Over Control

Real estate and family relationships often mix in complicated ways—especially after someone passes away in Arizona. A recent Arizona Court of Appeals decision, Colon v. Vigil (Sept. 16, 2025), illustrates how informal agreements and unfulfilled conditions can lead to costly disputes and lengthy court battles.
The Case in Brief
Tracy Loretto bought a home in Tolleson in 2003. Six years later, her then-estranged husband, Jose Colon, moved in under a written “House Agreement.” The agreement said Colon would assume the mortgage and take full responsibility for all payments and expenses. In return, Loretto would transfer the property to him
Continue Reading When Promises About Arizona Real Estate Go Wrong: Lessons from Colon v. Vigil

I was born in Denver, Colorado where we lived in a simple neighborhood through third grade.
Our grade school was through the gate of our backyard. No bus. No stress. The highlights of my day were playing with my brothers and friends in the fields behind our house. And walking home for lunch to have SpaghettiOs’s and watch “Beat the Clock” with my mom. Those were the days!
We moved to Scottsdale before fourth grade. I had to ride the bus – a big/long school bus full of kids. We were still new. I didn’t know the area. It felt
Continue Reading Trapped on a Bus: How I Became a Lawyer

 
Can “XO” Count as a Signature on a Will in Arizona?
We’ve all scribbled a quick note on a sticky pad. But in Arizona, a few words on a scrap of paper can spark major legal battles after someone passes away. A recent case shows why informal notes — no matter how heartfelt — often fail as valid wills.
The Case of the Sticky Notes
When Jamie Bixby died in 2023, two handwritten sticky notes were found on her coffee table. One said:
“I’m sorry, I just don’t have the tools for this. Beth gets everything.”
The second ended
Continue Reading Why “XO” Wasn’t Enough: Arizona Court Rejects Sticky Note Will

Roderick George Toombs, better known as “Rowdy” Roddy Piper, was a larger-than-life wrestling icon from Canada.  Though some reports speculate that the children filed a contest, no formal contest appears to have been filed.  Nonetheless,  after his death in 2015, Piper’s estate became a case study, which we will examine under Arizona probate law.
We’ll show how blended families, complex assets, and unresolved debts can turn an inheritance into a high-stakes showdown. In this article, we step into the ring of Piper’s family to illustrate key concepts under Arizona law (Title 14 of the Arizona Revised Statutes). We’ll look at
Continue Reading Rowdy Roddy Piper’s Final Bout: Arizona Probate Lessons from a Blended Family

 
In Arizona probate, trust, and estate litigation, it’s not uncommon to encounter disputes over ownership of real property, especially when it’s held in the name of a trust, LLC, or other third party. Litigants often try to secure their claims by recording a lis pendens—a public notice asserting that the property is tied up in litigation. But as the Arizona Court of Appeals reminded us in Westbrook Rental, LLC v. Goodman (Arizona Court of Appeals, July 16, 2025), doing so without proper procedure can create costly exposure—even if your suspicions about ownership turn out to be right.
This
Continue Reading When a Lis Pendens Backfires: Key Lessons for Probate, Trust & Estate Litigators

Adoption can significantly affect inheritance rights, leading to complex legal disputes. A recent Arizona case discussed below highlights how adoption, even without formal records, can impact estate planning and probate outcomes.
In the Matter of Estate of Buchman (No. 1 CA-CV 24-0729 PB, filed 06-24-2025), Division 1 of the Arizona Court of Appeals examined whether Amy Pamela Buchman had been legally adopted by David and Lillian Buchman, despite no formal adoption decree.
At birth, Amy and her twin sister were voluntarily placed with the Buchmans by their biological mother, Barbara Moss, who signed a hospital record relinquishing parental care. Amy was raised
Continue Reading Arizona Adoption and Inheritance Rights: Insights from the Matter of Estate of Buchman

What happens when a loved one is admitted to a nursing home, and a family member signs pages of admission paperwork—including a binding arbitration agreement—without the resident’s explicit consent? Can that agreement be enforced later to block a lawsuit for wrongful death or elder abuse? An unpublished July 2025 decision from the Arizona Court of Appeals answers with a clear “no.”
In Giacone v. Youngtown Health Inc., the court affirmed the trial court’s decision rejecting a nursing home’s motion to compel arbitration, reinforcing that implied authority isn’t enough—especially when the signer lacks the legal right to waive fundamental protections
Continue Reading Arizona Court Affirms Denial of Arbitration in Nursing Home Negligence Case

Description
Job Title: Associate Litigation Attorney

Location: Scottsdale, AZ 85260

APPLY HERE  Please, no direct inquiries or agency submissions
About Us
Berk Law Group, P.C. is an AV-rated, highly respected law firm located conveniently off Loop 101 and Raintree Drive in Scottsdale, Arizona. We focus exclusively on probate, trust, estate, and inheritance litigation, including guardianships, conservatorships, estate/trust disputes, elder abuse, neglect and exploitation, powers of attorney, burial/disposition of remains and others. Known for our integrity, professionalism, and results, we treat our clients the way we would expect to be treated—with respect, honesty, and dedication. Our team is close-knit, collaborative, and mission-driven,
Continue Reading Now Hiring: Associate Litigation Attorney

As part of our ongoing commitment to staying informed—and keeping our colleagues, clients, and community informed—we’re sharing this latest update from the Maricopa County Superior Court Probate Bench/Bar meeting, lead by Hon. Commissioner Vanessa Smith. At Berk Law Group, we focus exclusively on probate, trust, and estate litigation. Understanding and adapting to court changes is essential to providing exceptional representation in these complex and evolving matters.
Here are the key takeaways from the July 15, 2025 Probate Bench/Bar meeting:
Judicial Assignments and Court Structure

  • Comm. Yost was introduced as the new Probate Judicial Officer, taking over Comm. Corral’s calendar after


Continue Reading Superior Court Maricopa County, Arizona Probate Bench/Bar Meeting Summary: July 15, 2025

Chalmers Decision Finally Clarifies Statutory Construction and Protects Access to Justice for Vulnerable Individuals
If you’re an attorney or fiduciary who’s ever worried that a technical misstep could jeopardize your right to get paid for services rendered, the Arizona Supreme Court’s long awaited recent decision in In the Matter of the Conservatorship of William John Chalmers, No. CV-23-0263-PR (July 11, 2025), should bring you a deep sigh of relief.
This case is a must-read for anyone who appears in probate, conservatorship, or protective proceedings and expects to be compensated for their time from the estate of the subject person.
Continue Reading Arizona Supreme Court Upholds Common Sense in Professional Fee Dispute

Dusty Rhodes, WWE’s American Dream, was a beloved wrestling icon. But after his passing in 2015, his family was thrown into an emotionally charged probate dispute. The centerpiece? His WWE Hall of Fame ring and other treasured memorabilia. In one corner was his second wife, Michelle Rubio, claiming those items were hers. In the other: Dustin and Cody Rhodes, Dusty’s children, arguing those pieces were meant to stay with them as part of their father’s legacy. The dispute eventually settled privately—but it echoes a truth we see regularly: blended family probate disputes are common, especially in Arizona.
At Berk Law
Continue Reading Dusty Rhodes Estate: Arizona Probate Lessons for Blended Families

At Berk Law Group, staying informed isn’t optional — it’s how we win cases and protect our clients. Arizona’s probate and fiduciary landscape can shift overnight, and we make it our mission to track every bill, rule petition, and technical correction. Below you’ll find a concise roundup of the most important 2025 changes.
If you’d like these insights delivered straight to your inbox — and deeper dives on our YouTube channel — be sure to subscribe to our YouTube channel before you leave.
Enacted Legislation (2025 Regular Session)
HB 2116: Small‑Estate Affidavits
Arizona has significantly increased the collection limits for small-estate affidavits:

    • Personal property limit raised from


Continue Reading Arizona Probate & Fiduciary Legislative & Rule Updates — 2025

Estate planning documents such as wills, trusts, and powers of attorney are vital tools for clearly outlining asset distribution and managing financial affairs in Arizona. However, ambiguities or irregularities in these documents can often result in disputes and costly litigation. As an heir or beneficiary in Arizona, understanding how to identify these “red flags” early can empower you to take proactive steps, potentially preventing disputes and legal challenges.
Common Red Flags in Arizona Estate Documents

  • Sudden Changes in Beneficiaries or Asset Distribution:  Abrupt or unexplained adjustments to beneficiaries or asset allocations may indicate undue influence, fraud, or issues of mental

  • Continue Reading How to Spot Red Flags in Arizona Estate Documents: A Guide for Heirs and Beneficiaries

    IMMEDIATE – FULL TIME POSITION AVAILABLEJob Title: Probate/Litigation Paralegal/Legal Assistant
    Location: Scottsdale, AZ 85260
    APPLY HERE.  No direct applicant or agency inquiries, please.
    About Us
    Berk Law Group, P.C. is a highly reputable, AV-rated law firm located conveniently off Loop 101 and Raintree Dr. in Scottsdale, Arizona. Our firm specializes in probate, trust, estate, and inheritance litigation, including guardianships, conservatorships, estate/trust disputes, elder abuse, neglect and exploitation, powers of attorney, burial/disposition of remains and others. We are known for our integrity, dedication, and excellence, treating our clients the way we would expect to be treated. Our team is close-knit, hardworking,
    Continue Reading Now Hiring: Probate Litigation Paralegal/Legal Assistant

    Description

    Job Title: Litigation Attorney
    Location: Scottsdale, AZ 85260
    APPLY HERE  Please, no direct inquiries or agency submissions.
    About Us
    Berk Law Group, P.C. is an AV-rated, highly respected law firm located conveniently off Loop 101 and Raintree Drive in Scottsdale, Arizona. We focus exclusively on probate, trust, estate, and inheritance litigation, including guardianships, conservatorships, estate/trust disputes, elder abuse, neglect and exploitation, powers of attorney, burial/disposition of remains and others.
    Known for our integrity, professionalism, and results, we treat our clients the way we would expect to be treated—with respect, honesty, and dedication. Our team is close-knit, collaborative, and mission-driven, and


    Continue Reading Now Hiring: Litigation Attorney