In many cases, probate is a quick and efficient way to transfer the assets of a person who has died (the “decedent”) to his heirs. About 10,000 probate cases are filed each year in the state of Arizona.
A trust is a legal entity that is created and holds title to assets during the life of the person who places assets inside the trust
While different rules apply to proving each, one type of contract is not necessarily more enforceable than the other.
The Arizona State Legislature, to prevent fraud, enacted a law requiring that certain promises or agreements be in writing. An action brought on an oral agreement in violation of the Statute of Frauds will be dismissed by the court.
In Arizona, interest on any loan, indebtedness, or other obligation will be at the rate of 10% per annum, unless a different rate is contracted for in writing.
The workers’ compensation laws provide for the payment of compensation to workers who are injured on the job in Arizona.
Every employer in Arizona, with limited exceptions, must pay state and federal unemployment taxes.
An employee who is owed wages may file a lawsuit against the employer for three times the amount of unpaid wages.
An employer is generally not responsible for travel by an employee while going to and from the work place.
A restrictive covenant generally will be strictly construed against the employer.
Many individuals and companies do business under fictitious names. A fictitious name simply is a name different from the true name of the business owner.
A trademark is a word, name, symbol or device, or any combination of these items, that is used by a person or company to identify its goods, and to distinguish them from goods made or sold by others.
An association may not impose a regular assessment that is more than twenty percent greater than the immediately preceding fiscal year’s assessment without the approval of the majority of its members.
A partnership is an association of two or more persons to carry on, as co-owners and a business for profit.
A limited liability company may be organized in Arizona to conduct any lawful activity, except banking or insurance.
Non-profit corporations are everywhere. In Arizona, there are about 40,000 non-profit corporations.
In the majority of cases, it is more beneficial to the corporation and its shareholders to elect to be an S corporation.
The law imposes time limits for the filing of lawsuits. These time limits are known as statutes of limitations.
Mediation is a process in which a neutral person (the “mediator”), often a retired judge, assists the parties in reaching their own settlement, but the mediator does not have the authority to make a binding decision.
If a defendant files a counterclaim in justice court for more than $10,000, the case will be immediately transferred to the superior court.
If a child has a guardian, the guardian may sue or defend in court on behalf of the child. If a child does not have a guardian or other fiduciary, the child may sue by a next friend or a guardian ad litem.
It is illegal for a person to manufacture, sell or deal in spirituous liquors in Arizona without being properly licensed.
A false document is one that is forged, groundless, contains a material misstatement or false claim, or is otherwise invalid.
A fiduciary is a person who has a relationship with another based generally on trust and confidence.