Articles, News & Resources

While a will is a fundamental estate planning tool, establishing a trust can offer a more versatile and efficient approach to transferring wealth and providing for future generations.

Arizona homeowners face a difficult dilemma when planning their estates. They want to secure their family's future by placing their home in a trust, yet they fear that doing so might forfeit their homestead exemption.

Estate planning involves more than just writing a will. It's a comprehensive process that encompasses various legal and financial strategies to manage your assets during your lifetime and after your passing.

In a unanimous decision authored by Justice Clint Bolick, the Arizona Supreme Court, in In re Termination of Parental Rights as to M.N., today clarified that two distinct statutory mechanisms exist for unwed fathers to establish parental rights

Renters across Arizona have a reason to celebrate. Starting January 2025, the rental tax is gone!

FTC’s final rule will generate over 8,500 new businesses each year, raise worker wages, lower health care costs, and boost innovation.

Arizona's health care provider lien laws were updated in 2022, let's take a look.

A homestead means a dwelling in which a person resides. The dwelling may be a house, condominium, or mobile home.

Your estate plan is not a "set-and-forget" kind of strategy. There are certain life events and circumstances that warrant your updating this important set of documents.

As COVID-19 cases continue to rise in Arizona, according to data compiled by state health officials, state lawmakers have enacted two new laws aimed at restricting responses to the malicious and malingering coronavirus.

The new artificial grass law, which will take effect 91 days after the current legislative session ends (on or around June 24, 2022), will be added to this list of homeowners’ rights. 

In Arizona, recent laws have made it harder to vote early, including making it illegal to bring a person’s early ballot to the polls unless it’s by a family member or caretaker

Planning for our own death is not something that tends to thrill most of us. It is difficult to face our own mortality.

What comes to mind when you see the words estate planning?

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.

When a person is employed in the services of another for any period of time, the law implies a promise to pay what the ser­vices are reasonably worth.

The time limit to file a lawsuit for interference with contract is two years from when the cause of action accrues.

A person who is sexually harassed in Arizona may file a charge against her employer with the U.S. Equal Employment Opportunity Commission (EEOC) or the Arizona Civil Rights Division.

A terminated employee has a duty to make reasonable efforts to reduce damages by trying to find substantially similar employment.

A person who intentionally lies to another person about a mat­ter of importance may be guilty of fraud.

A lawsuit for negligent misrepresentation must be filed within two years from when the cause of action accrues.

When an insurance company fails to act in good faith and deal fairly with its customers, it is guilty of bad faith.

This article deals with the liability of a property owner for injuries occurring on his property.

The manufacturer or seller of a defective and unreasonably dangerous prod­uct is liable to anyone who is injured by the proper use of the product.

An owner of a vehicle who knowingly permits an unli­censed minor to drive his vehicle is liable.

A doctor has a duty to refer a patient to another doctor or to a specialist.

A driver who rear-ends a vehicle in front of him likely is guilty of negli­gence.

A tort is a civil action for damages relating to a variety of injuries.

It is not a defense that the parents or guardian could not have anticipated the minor’s misconduct.

In Arizona, a parent of a minor (under age 18) may delegate to another person any powers he may have.

If a person desires to change his name, he must file an application in the superior court in the county of his residence.

A parent who abandons, neglects or abuses his child (under age 18) may lose his parental rights. Arizona law sets forth the grounds and the procedure for termination of the parent-child relationship.

When paternity is established, the court may award custody and parenting time. The parent with whom the child has resided for the greater part of the last six months will have legal custody, unless otherwise ordered by the court.

If logistically possible and appropriate, the court will order visitation by a grandparent.

To obtain an order of protection, a person must file a verified petition with a magistrate, justice of the peace, or superior court judge.

Arizona law provides that a spousal maintenance order, “shall be in an amount and for a period of time as the court deems just".

In the case of divorce or legal separation, one parent typically will be required to pay child support to the other.

The court, in determining the best interests of the child in a custody pro­ceeding, is required by law to consider all relevant factors: The wishes of the parents, the wishes of the child...

Community property is a theory of property ownership by the marital community.

Getting married in Arizona is relatively easy. There is no residency requirement.

According to the National Highway Transportation Safety Administra­tion, about 43,000 people are killed in fatal car accidents each year in the United States.

The money in the Real Estate Recovery Fund comes from a surcharge on real estate license fees.

Every residential contractor must contribute money to the Fund when applying for a license or upon renewal of a license.

It is illegal for a commercial or residential builder to conduct business in Arizona without first obtaining a license.

A Good Samaritan Law is generally defined as one that limits the liability of licensed doctors and nurses who voluntarily render care at the scene of an accident. This article explains the liability exemptions that are given to Arizona's Good Samaritans and volunteers under these laws. 

The landlord, at the beginning of the rental term, must disclose to the tenant in writing of the name and address of the manager.

If the owner cannot be found, the notice of sale must be published twice in a newspaper published in the county.

A person who has entered into a home solicitation sale contract and wants to cancel it should read the language of the contract carefully.

Writing bad checks is a crime, and may also subject the bad-check writer to a lawsuit for twice the amount of the check.

The Arizona Lemon Law requires the manufacturer of a lemon to replace or repurchase the vehicle

The consumer fraud laws also create a private cause of action for consumer fraud victims.

A notary is required by law to authenticate all of his official acts with a seal, and to record all of his notarial acts (in chronological order) in a journal.

A master jury list is maintained by the jury commissioner of every county.

The Constitution of the State of Arizona contains a Victims’ Bill of Rights.

On request of the plaintiff, the court will forward the injunction against harass­ment to the proper law enforcement agency for service on the defendant.

An “animal” is defined by law as a mammal, bird, reptile or amphibian.

In Arizona, the rule still is that an adult may, under most circumstances, possess and carry a gun.

Every pool owner is advised to check his local pool barrier ordinance to ensure compliance.

A person who elects to attend a driving school must pay a “court diversion fee”.

The statute sets forth the general rule that a vehicle’s maximum speed must be reasonable and prudent.

The driver must remain at the scene of the accident until he has given certain required information.

A conservatorship proceeding may be started by an elderly person who desires protection of his or her property.

A guardian is a person appointed by the court to guard the health, safety and welfare of another.

A gift to a minor may consist of stock, money, ownership of a life insurance policy or annuity contract, a right to future payments under a contract, an interest in real estate, or a certificate of title to a vehicle.

Gifts of property may be made by a person during his or her lifetime, or after their death.

Arizona is a community property state. Property acquired by a husband and wife is presumed to be community property, unless legally specified differently.

The Tax Cuts and Jobs Act, which took effect on January 1, 2018, increased the federal estate, gift, and generation-skipping transfer (“GST”) tax exemption amounts to nearly $11.2 million for an individual, and $22.4 million for a married couple, from $5.49 million and $10.98 million, respectively, in 2017.

In Arizona, every person is eligible to be an organ donor; there are no age or physical limitations.

A living will is a written statement by a person intended to guide or control the health care treatment decisions that can be made on his behalf.

Health care directives constitute an important part of any comprehensive estate plan. Every person implementing an estate plan in Arizona should give serious consideration to executing one or more health care directives.

A parent cannot delegate his or her parental powers by a power of attorney for longer than six months, but there is no limitation on the number of powers of attorney that they may execute.

A durable power of attorney is an important component of any comprehensive estate plan.

A deed is a legal document that transfers an interest in real estate to another person. Anyone who owns a house acquired title to it by a deed.

On the death of the sole party or the last survivor of two or more parties in an account with a pay on death designation, the sums on deposit belong to the surviving beneficiary or beneficiaries.

It is possible to avoid probate entirely in small estates by the use of affidavits to collect the property and assets of the deceased person.

For a decedent who was not domiciled in Arizona at the time of death, the allowances are governed by the law of the decedent’s domicile at death.