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What Happens if I Die Without a Will in Arizona?

Procrastination is the enemy of any good estate plan and probate without a will is the reality for many in Arizona because of it. The law in Arizona makes provisions for a “default will” for those people who die without one.  These laws are found at ARS § 14-2101, et seq., and are  commonly referred […]

What to do if you are Bitten by a Dog in Arizona

A dog bite can be a very traumatizing experience as well as a very painful one. If you or a loved one has been bitten, there are several steps you can take that can prove to be very helpful immediately, and later, especially if the bite is serious. This list will help you to know […]

How to Start a Business in Arizona

More than 640,000 new businesses are started each year in the United States. As millennials bring their work-life balance thoughts to the marketplace, Gen-X folks seek to bring their business ideas to fruition and Baby Boomers give post-retirement companies a try, this number is likely to rise. Naturally, there are many caveats for ensuring business […]

Car Accident Injury in Arizona: What Happens When Insurance Isn’t Enough

When a car accident injury occurs, and is serious, medical and repair/replacement costs can skyrocket—sometimes exceeding the car insurance limits. What now? If you don’t know what to do after a car accident here’s a 5 car accident checklist to guide you. Car insurance is required by law yet uninsured drivers continue to drive unlawfully. Statistics tell […]

Possible Property Disputes in Arizona

Arizona is no longer the land of the wild, wild west. According to the Arizona Republic, more than 80,000 people move into Arizona each year, that’s 223 each day. Many seek our wonderful climate and one of the most popular assets: land to build new homes. Unfortunately, property disputes often arise after folks purchase property […]

Embezzlement Cases: What You Need to Know

Embezzlement is a word one hears in the news about large companies and politicians. However, it is not only crime of high finance or corporate theft—it can happen anywhere. Have you served as a president or treasurer for a club or organization? If you have, you likely have had access to the bank accounts for […]

Health Care Power of Attorney in Arizona

Having a Health Care Power of Attorney can save your family heartache, money, and time in the event you require medical care, and are unable to communicate your own wishes regarding that care. How does a Health Care Power of Attorney work? Who should you name as your Health Care Power of Attorney? Naturally, these […]

Arizona Power of Attorney Basics

When something tragic happens to a family member such as a stroke, heart attack or other debilitating illness, whether that person has a general power of attorney in place can be the last thing on anyone’s mind. But not for long. As soon as anyone attempts to help manage the crisis, the hassle becomes evident […]

Commercial Truck Accidents: An Insiders Look at the Personal Injury Legal Process

In commercial truck accidents, operators are held to far more regulations than private citizens, so sorting everything out can be complicated. These regulations can impact any accident with a standard vehicle. If you have been personally injured during an accident that occurred with a commercial truck, being aware of these regulations and understanding them is […]

Car Accident in Arizona: Your Critical Top 5 Actions Checklist

If you are involved in a car accident in Arizona, after assessing your injuries, your first call should be to contact 911 and your second call, should be to an attorney. Car accidents are jarring and can shake the calmest of people to their core. The mistakes made the day of the car accident–and in […]

Pre and Postnuptial Agreements: Are They for You?

Prenuptial agreements are rarely in the minds of movie watchers when the beautiful film bride, engulfed in her expensive gown, joyfully gets ready for her big entrance. Imagine the scene if suddenly, the soon-to-be groom and one of his parents or the family attorney knocks at the waiting room door with paperwork in hand. The […]

Settling Employment Disputes

Employment disputes can arise unexpectedly in any number of ways. When disagreements arise, relationships and day-to-day interactions can become fragile. If you’re a struggling employee, it can begin to feel like there only two options, to forego your position or to turn your back on the dispute. To help understand the potential outcomes, it is […]

Forming a New Arizona Company: What You Need to Know

  Do you have a business idea? Are you ready to establish a new company? Forming a limited liability company ( “LLC”) in Arizona will help protect your personal assets from any potential lawsuits or judgments that could be filed against your business but it is not absolute liability protection. An LLC is a legal […]

Medical Malpractice: Do I Have a Case?

As patients, we must trust our healthcare providers.  We must believe that they have our best interests at heart and will do everything in their power to provide the best care possible. Unfortunately, sometimes that just isn’t the case. Sometimes a doctor simply makes the wrong decision at a critical time. The aftermath can leave […]

Dog Bite Lawsuits: What You Need to Know

According to the ASPCA, 44 percent of American households own pets. This adds up to 78 million dogs in US homes today. With the joy of owning a dog comes considerable responsibility for its care. Understanding your legal responsibility for maintaining safety for others around your family pets can save a dog owner heartache and […]

What Are the Advantages and Disadvantages of Arbitration?

Arbitration Definition If you have a dispute that you need legal assistance settling, is arbitration the answer?  Arbitration at its best can help you swiftly and peacefully settle disagreements in a private and less expensive forum.  This does not mean it is a one size fits all solution.  Read on to learn more about the pros, cons […]

Arizona Bicycles and Traffic Rules

Did you know bicycles are required to follow traffic rules? Did you know you can get a ticket for speeding, running a stop sign, failing to yield and riding on the sidewalk? Most people do not know that these are some things one should not do on a bicycle. Now logic requires a 6 year […]

What is Mediation?

The best approach to winning cases and settling disputes is not always going to court. There are instances where the best approach is to avoid court through Alternative Dispute Resolution (ADR), which can avoid long delays and high costs. You can either mediate or arbitrate. But, contrary to popular belief, the two most important ADR methods, mediation […]

Relocate Without Notifying Other Parent

Simply put, NO, you should never relocate without notifying the child’s other parent. Under Arizona Law, Arizona Revised Statute 25-408, under almost all factual circumstances a parent must provide written notice at least 45 days prior to relocating with the minor child(ren).

Sole Custody

Since January of 2013, Arizona has “joint legal decision making authority” and “parenting time.” No custody, either legal or physical. What this means is that the default rule in Arizona is that parents share joint legal decision making authority for their kids, and some variation of parenting time.

Under-Insurance Coverage

Why of course you have automobile insurance that covers you if you are in an accident. The state requires a very minimum policy so at least you have what is called a 15/30 minimum policy ($15,000 per person/$30,000 maximum per accident). And, if you are like most people, you have a lot more insurance if you have any assets.

Wills for Recent Grads

For most people in their 20’s and 30’s, the aging process and their own mortality are not exactly matters of pressing concern. Perhaps, if they are married or have children, the concept of what will happen when they are gone has at least crossed their mind.

Sending Emails During Divorce

One of the most difficult things about divorce, even divorces that are relatively amicable, is learning a new way to communicate with your former partner, especially when children are involved. While I am sure that some (saintly) people are able to continue to treat their ex-spouse in the same loving and compassionate manner that they did while they were married, most of the rest of us would occasionally like to take a two-by-four to the other person’s head.

Estate and Gift Tax Laws

After years of uncertainty, the Congress and President in 2013 enacted permanent legislation that now provides definitive rules to estate planners and their clients on estate and gift taxes (at least until Congress and the President decide to change the rules at some time in the future).

Lien Against Insurance Proceeds

Did you know that a hospital or health care provider can file a lien against the proceeds of any settlement or judgment you may get against the person who ran the red light and hit you. Even though your insurance paid the bill, the medical provider may claim a balanced bill lien.

What to Do After a Car Accident

1. Are you safe where you are? You must assess should you remain in the vehicle or get out. That depends on factors such as fuel leaks, can you safely exit the vehicle, is the vehicle in a spot that is dangerous and what are your injuries?

Insurance Reimbursements After an Accident

Where’d the Money Go? It seems more and more people are involved in motor vehicle collisions and find out that the Doctor, the Hospital, the Ambulance Company and other lien holders, all have their hand out for any settlement check or judgment you may recover from the person or their insurance company who was responsible.  […]

Can My Kids Come to Court?

No. Well, no if you are in the family court because you are getting a divorce or dealing with legal decision making and parenting time issues. (Remember, Arizona doesn’t have “custody” anymore.) Kids aren’t allowed in Family Court. In fact, most of what kids say is not allowed in Family Court, because their statements are […]

Financial power of attorney

Will the Financial Power of Attorney I Signed Be Enforceable? When a principal signs a power of attorney, he or she expects that it will give the agent all the authority he or she needs his affairs.  Unfortunately, that is not always the case.  A financial power of attorney is a document whereby the person […]

Keeping Your Estate out of the Hands of Your Creditors

Keeping Estate from Creditors Throughout your life, you’ve worked hard to save money, spend responsibly, and even leave a little (or a lot) to your family when you’re gone. It makes sense that you would not want to see it frittered away on things that would probably make you roll over in the grave. There […]

Establishing Paternity in Arizona

We Were Never Married But Have Kids Arizona law gives moms default custody of kids who were born to parents who were not married at the time of there birth. Even if Dad’s name is on the birth certificate or paternity was established through a IV-D child support action brought by the Department of Economic […]

Dog Licensing Laws

Who Let the Dogs Out? I am continuously surprised by the number of people who do not realize that they are required to license their dogs in Arizona.  They are even more surprised by the hefty fines associated with an offense/citation for not licensing their dog.  Even if your pet is an “indoor dog” Pima […]

Family Law Agreement

Did We Come to an Agreement? Rule 69 of the Rules of Family Law Procedure generally govern whether parties have come to a binding agreement in a family law case. The Rule requires that in order for an agreement to be considered binding it must be either (1) in writing; or (2) set forth on […]

What is Double Jeopardy

Double Edged: The knife and Jeopardy  What could come of the dramatic discovery of a knife potentially connecting O.J. Simpson to the deaths of Nicole Simpson and Ronald Goldman?   Can he be re-tried on murder charges or tried on other related charges? News and social media are reporting the discovery of a folding buck knife found […]

What to do when Illegally Recorded

Invasion of the Body Snatchers It seems nowadays that for every event, for every circumstance, for every occasion there is someone ready to record it on a smart phone.   The sense of privacy which existed before smart phones became so prevalent is long gone.   With social media controlling so much of what people see and […]

Uninsured Driver

Uninsured and underinsured claims Why would I need a lawyer if my injury claim is for uninsured or uninsured coverage with my own carrier? Because they are not your friend! Most people feel that their own carrier will treat them fairly if they are injured by an uninsured or underinsured driver. Most people believe this […]

How To Come to Agreements With Your Ex

But They’re Impossible! If you have children with your ex-partner, and the relationship is still tense or antagonistic, it may seem like you are never able to come to an agreement. And with the default rule in Arizona being that parents should share joint legal decision making authority, it is highly likely that you will […]

Grandparents Guide to Child Custody

My Grandkids Are in Foster Care – Now What? When kids are removed from their parents’ care because of allegations of abuse or neglect, this starts the Dependency process in the juvenile courts in Arizona. In Arizona our laws have a preference that kids be placed with a family member, usually a grandparent, or another […]

Designating Care Provider for Children

Can a parent or guardian designate a person to provide for the care, custody and property of a minor child? In Arizona, the parent or guardian may delegate to another person any or all powers regarding the care, custody and property of a minor child, except the power to consent to marriage or adoption, for […]

Funding Your Living Trust

CONGRATULATIONS, YOU HAVE A LIVING TRUST! DID ANYONE BOTHER TO FUND IT? You met with the attorney (maybe several times), gave him or her all the information he or she needed about your assets, and finally got all the documents signed. You’re done, right? Time to check it off your to do list? Not so […]

Dependency Law

WHAT IS DEPENDENCY LAW? A Dependency is a pseudo civil case involving children, their parents and usually the state. The Petitioner, usually the State, takes custody of the child(ren) and files a Dependency Petition, stating that the parents are unable to care for the children without causing abuse or neglect of the child. Dependencies are long and drawn […]

What do you do if you have been served with a subpoena

WHAT DO YOU DO IF YOU HAVE BEEN SERVED WITH A SUBPOENA?   DON’T IGNORE IT! There are two types of subpoenas that you can be served with.  One requires your presence in court to provide testimony. The other requires that you provide written materials, documentation, or some other sort of documentary information.   A […]

Truck Accident Lawyer

Truck Accident Lawyer: Truck vs. Car Truck vs. Car and the laws of physics. Every day on the interstate big rigs and cars have to travel together. Unfortunately the laws of physics do not allow them to occupy the same place at the same time. We hear about a parallel universe but the theory does […]

Can I Lose My Home to Unpaid Creditors?

Circumstances arise where you may be unable to pay your creditors and collection agents begin threatening you with lawsuits, judgments, garnishments, attachments.  You may not be able financially to pay the creditors.  Are you at risk of losing your home? We need to identify the creditor(s) who are pursuing you.  The creditor who has a […]

Joint Ownership of Bank Accounts at Death

An elderly parent who is a widow/widower frequently believes the children will live in a harmonious, caring and sharing relationship after the death of the parent.  While this may prove accurate, it frequently is an unrealistic fantasy and there is no guaranty the parent’s expectations will be met.  Attempting to explain this to a parent […]

Legal Ways to Ruin Your Holiday

Happy Holidays……………You have been sued! What could ruin a perfect holiday: Too many things to list in this article? But here are a few tips to avoid potential liability. That swimming pool that has been ignored now that it is cold is still an attraction to a child visiting. Make sure the gate is closed […]

The Use and Misuse of Powers of Attorney

Have you signed a power of attorney? Are you considering signing a power of attorney or are you named as the agent on a power of attorney for a family member or close personal friend? If so, this article is directed to you. We can classify powers of attorney into two broad categories: (1) health […]

What is a Consent Decree?

So, What’s a Consent Decree? The Easier Way to Divorce A Consent Decree could be considered the easier way to divorce, if there is such a thing. You and your spouse get to a Consent Decree by working together, either on your own or in mediation to come to agreements about Legal Decision Making Authority […]

Using Small Claims Court to Collect on a Debt

HOW CAN I COLLECT A SMALL AMOUNT I AM OWED? Suppose one of the following: (1) you are owed a “small” debt; (2) you entered a contract for some product for your home and it hasn’t been provided or is defective; (3) you were involved in an auto accident where your only claim is damage […]

Pima County DUI Laws Explained

Just One More Drink Most folks’ attitude towards DUI law is the same – I’d rather not know about it until after it happens to me or my loved ones. But it’s actually very important to know, either for your own benefit or so that you can let your kids and friends know the serious consequences that […]

Passenger Injury Lawyer Assists Personal Injuries as a Passenger

When an automobile collision occurs, the medical bills from the injuries can be staggering. As a passenger, you often do not want to sue the person who was driving the vehicle you were in. Many times you feel it was the other person’s fault. But as a passenger, you may need to include the driver […]

What to Do After a Pedestrian Accident

Back to School Advice: Pedestrian vs. Automobile at School Crossings The first thing your children must realize is if you are the pedestrian, you are not winning a battle with a car. Personal injuries from this type of accident can be very extensive if not fatal. So remind your children, even if they have the […]

Consent in a DUI Investigation

Coerced vs Actual Consent in DUI Investigations Is a person “required” to consent to a breath or blood test after Valenzuela? Don’t get too excited about a recent Arizona Supreme Court case, State v. Valenzuela,No. CR-15-0222-PR, April 26, 2016.   On the surface, one would think that the Court’s discussion centered on the validity of the […]

Will My Assets Go to the State if I Die Without a Will?

I have frequently heard friends and acquaintances tell me: “I have to have a will done so my assets will not ‘go to the state’ when I die.”  In almost all instances this is an inaccurate statement!  Laws in different states will vary on this but the laws in Arizona address most situations where an […]

Affidavit to Access Property After a Death

THE SMALL ESTATE AFFIDAVIT AND AVOIDING PROBATE “My mom had a checking and savings account in her name only with no beneficiaries named.  All her other assets were either in joint names or had beneficiaries named.  Now that my mom is deceased, do I have to open a probate to gain control of these accounts?” […]

Statute of Limitations in Arizona

Did you know that there is a time limit by which you can sue someone for their wrongful conduct? The law that applies to the time limits that apply to various kinds of lawsuits is called a Statute of Limitations.  Each state has different laws and time frames and each kind of lawsuit also has […]

Should I Stay or Go in a Divorce

Should I Stay or Should I Go? Maybe you saw this article recently that suggests that worst thing a Dad can do in a divorce is leave the family home. Don’t believe it.  http:http://www.huffingtonpost.com/joseph-e-cordell/moving-out-after-divorce_b_5510895.html// Unless you live in a state in which the divorce laws were written in 1820, this is bunk.  Arizona has no […]

Personal Injury Medical Liens

Medical Liens arising from Auto Accidents? Did you know that Medicare, VA, Indian Health and other government funded agencies and policies, have a super lien on anything you recover from an automobile accident. Simply put if you receive these benefits, and you recover money from an automobile accident, you have to pay them back. Did […]

Parents Liability for their Child’s Acts

My kid did WHAT! As parents we do the best we can to teach our children right from wrong. And for the most part they listen. But listening is not always enough. They need not to do the act or you as a parent could be liable for up to $15,000 by law. How does […]

Proving Personal Injury Damages

When involved in a motor vehicle Accident and you seek damages, this is an instruction the jury will hear. REVISED ARIZONA JURY INSTRUCTIONS (CIVIL), 5TH (July 2013) 2 PERSONAL INJURY DAMAGES 1 Measure of Damages If you find [any] [name of defendant] liable to [name of plaintiff], you must then decide the full amount of […]

Nimrod and Nino : What is the Meaning?

Recently, I was reading “A Tribute to Nino”, an article beginning on page 24 of the April 2016 issue of the American Bar Journal written by Bryan A. Garner.  The article was written as a tribute to Justice Antonin Scalia using Justice Scalia’s preferred nickname “Nino”.  Bryan A. Garner is a distinguished research professor of […]

Before You Settle With an Insurance Company Adjuster

When you have been injured in an accident, the other side may not want to tell you the truth about the defendant driver, the condition of the vehicle he or she was driving, any medical issues that may have made that person ineligible to have a license and a host of other facts important to […]

Avoiding Probate on Your Car

MVD Beneficiary Deeds: One More Tool to Help Avoid Probate Did you know that you can designate a beneficiary who will automatically take title to your vehicle(s) upon your death without the need for probate? Arizona Revised Statutes Section 28-2055 allows a vehicle owner to make such a transfer by completing the Beneficiary designation form […]

Who Do I Sue in a Motor Vehicle Accident?

Who you sue in a motor vehicle accident can depend on many factors. As you can see from the Jury Instruction below, a person may very well be the agent of another making the other person liable for the accident. This is seen in the employer relationship on a regular basis. We call that Respondeat […]

Agreements to Get in Writing in Arizona

People, in their dealings with others, particularly in quasi or non business related agreements, tend to not reduce to writing the nature of their agreement.  For example, a friend loans another friend money.   Because they trust one another, and enter into an arrangement that they both believe they understand, that agreement is not written […]

Naming Your Beneficiary

Most of us are familiar with naming beneficiaries in our life insurance policies.  When you initially acquire life insurance, you will be asked to name a beneficiary or beneficiaries [the person(s)  who will receive the proceeds of the insurance upon your death].   When was the last time you checked who you named to receive the […]

Important Considerations When Using Senior Placement Services

For seniors and their families confronted with finding an appropriate place for the senior to live, referral/placement services can be an invaluable resource. These referral/placement services are like personal shoppers, who help their clients sort through all the issues involved in finding the right placement.  They will assess the social and physical needs of the […]

Driving on a Suspended License In Arizona

Did you know that your car can be impounded by law enforcement if the person driving it has a suspended license? There are a number of reasons a person’s driving privileges can be suspended in Arizona.  All of them result in a criminal charge of Driving on a Suspended License.   Those reasons include Driving […]

Who is at Fault in Car Accident

Comparative fault or he started it! In Arizona there is contribution among joint tortfeasors. For those who do not understand the term, you are not alone. But simply put, if you are in a motor vehicle collision, the defendant (insurance company) will claim you did something to cause the collision. No way you say…………. They […]

Your Right To Possess A Firearm

In Arizona, there are certain circumstances which will cause you to lose your right to own or possess a firearm.   If you possess a firearm under these circumstances, you can be prosecuted for a felony offense. Anyone convicted of a felony; Anyone adjudicated delinquent; Anyone who has been convicted of a misdemeanor offense with a […]

The Assertive Approach to Divorce Conflict

I am a huge fan of Bill Eddy, a lawyer and therapist who has authored several books on dealing with High Conflict Individuals at work and at home, and has created programs for courts to deal with such people. He is the author of Splitting, which I highly recommend to anyone who feels that they […]

How to Handle a Psychopath Divorce Lawyer

Is My Spouse’s Lawyer a Psychopath? Is Mine? Recently an article has been making the rounds of the internet listing the occupations most likely to contain psychopaths. Unsurprisingly, lawyers come in second on the list. (Police officers come in seventh.) It’s not uncommon for someone in the throws of litigation to think that the lawyer […]

David Bowie Estate Planning

The world lost one of it’s most brilliant artists back in January with the death of David Robert Jones (aka, David Bowie, Ziggy Stardust, the Thin White Duke).  His artistic reach included not only music, but also film, fashion, and glam culture.  Naturally, as a fan of music and estate planning, I wondered what the Thin […]

What should I ask my personal injury lawyer?

I have an appointment to see an injury lawyer, what should I ask?     What is your contingency fee? What does that mean?    The contingency fee agreement is an arrangement where the attorney only receives his or her fee based on a percentage of what he or she recovers for you. This means that there […]

Ten Things To Know Before Getting Divorced

Recently this spot-on blog from Laura Lifschitz and PopSugar came to my attention about ten things the author wished she’d known before she sought a divorce. I think she is absolutely correct about every point, but as an attorney there are couple that I think are particularly important. 1. Make it Clear! Especially when there […]

Motor Vehicle Accident Lawyer

Most people refer to them as accidents. An accident implies it is unavoidable and no one should really be “punished” for what happened. A skilled personal injury lawyer knows the questions to ask, the evidence to gather and most importantly how to tie it all together so a jury understands and makes a proper award […]

When is a Minor Charged as an Adult?

Children Charged As Adults      Common law, for quite a long time, stated that a child under the age of 14 was not capable of forming criminal intent (a guilty mind).   Modern society, and the laws associated with governing society, changed. Virtually every state in America has statutes related to charging and punishing […]

Can I Provide Care for My Pets After My Death?

Many of us own pets and consider them important, and in many instances, essential to our happiness and well-being. We form personal relationships with our pets and the loss of a pet can be a tragic event. However, have you considered, how your pet(s) would react to your death and the loss of your companionship? […]

Property Line Dispute

Can my neighbor build a wall that cuts off my ingress and egress? Land disputes are constant and some of the most contentious in the legal field. Since “good fences make good neighbors” was written, people have forgotten that the fence was actually on the property line not where ever they wanted to put it. […]

What is Arbitration?

Arbitration is a procedure used in resolving a dispute rather than resolving the dispute through litigation (filing of a lawsuit).  Contracts frequently contain a provision requiring any dispute be submitted to arbitration and limiting or prohibiting the filing of a lawsuit. Why do I want arbitration to resolve a dispute arising in a contract? Some […]

Retirement Accounts Impacted by Divorce

Dividing the Loot — Retirement Accounts Recently, after reading a blog post here about the Van Loan formula, someone wrote to ask how a retirement account would be divided up in a divorce and whether there was a form or calculator that could be used to do this. Like most answers given by lawyers, the […]

Divorce App

There’s An App for That Yes, there is an app for getting divorced. Actually, there are several. I can’t say that I’ve used or reviewed any of them, but if you are tempted, remember a couple of things before typing in your Apple ID to purchase one: 1. Every state has different rules. Heck, different […]

Corporate Formation Questions: Pay Me Now or Pay Me More Later

It cost less to stay out of trouble then to get out of trouble. I get calls from people who want to start companies that are developing and launching new products or are in the service business. It can be anything from a car wash to manufacturing. Most of my clients are small startups, some […]

Widow Real Estate Tax

As a widow/widower, can the real estate taxes on my residence be reduced? As a widow/widower, can the real estate taxes on my residence be reduced? Arizona law does provide property tax reductions on both real estate and personal property owned by certain persons whose spouse is deceased. As a widow or widower can I […]

Funny Court Cases

Stein v. Willow Beach/Colorado River Recreation Association Los Angeles County Municipal Court, Case No. SB94C02433 (1994) I’m OK, and So Am I.  An attorney representing himself in a case for recovery of his fees had his case dismissed because he failed to appear for a scheduled court hearing. He subsequently filed a motion requesting relief […]

Breath Analysis for Drunk Driving

You Take My Breath Away Is Mandatory Breath/Blood Testing in a DUI Investigation Unconstitutional? When someone is arrested for DUI, they are required pursuant to Arizona Law to consent to a test of their breath or blood.  A.R.S. §28-1321 states: [a] person who operates a motor vehicle in this state gives consent . . . to […]

What Does it Cost to Get a Divorce?

Can’t Afford to Get Married, Wait Until You See the Cost of Divorce! Freakanomics — books, movies, radio commentaries, and a New York Times blog which attempt to explain the economic motivations and incentives for all the crazy things humans do. Recently, the Freakanomics blog in the Times asked the question, “What is going on […]

How to Get a Divorce in Arizona

The flippant answer to this question is “Do you want to do this the easy way or the hard way.” The better answer is that it all depends on how much you and your spouse can work together to get things worked out. Here is a step by step breakdown of the traditional way of […]

Underinsured Motorist Lawyer

If you are in a motor vehicle accident and the other driver is at fault you may be surprised to find the defendant only has $15,000 in coverage available to you for your medical bills, pain and suffering and lost income. That is not very much but it is the State minimum. A simply trip […]

What Is Community Property?

Everyone launching into the world of marriage or divorce in Arizona should know what community property is and what the law regarding community property says. Not only will it prevent misunderstandings during a happy marriage, it can also make dealing with separation and divorce less confusing. Arizona law states very clearly that “all property acquired […]

How Long Can I Wait to Sue?

This is not a simple question. Some people will automatically say two years from the date of the injury. But that is only correct some of the time. As an example, if a government employee in a State, County or City car hits you while you are on your bike, your injury claim ( if […]

Law for Objects Sticking Out of Truck

When I carry stuff that sticks out of my truck or car, do I need a red flag on it? Is it legal to carry stuff that sticks out the back or the front? As any lawyer will tell you, it depends. IF the object sticks out the front by more than three feet, you […]

Should I Buy Under Insured Motorist Coverage?

There is no simple answer to this question. The average person, who is not on Medicare or AHCCCS, should carry both Uninsured (UM) and Under Insured Motorist Coverage (UIM). It is common knowledge that not everyone carries insurance even if the law requires it. Get in a collision with an uninsured person that results in […]

What is a Beneficiary Deed?

Should I put my children on my deed? This question comes up usually when a person has lost their spouse and wants to avoid probate. There is a better way than putting a child or children directly on the title. It is called a beneficiary deed. It does not transfer ownership until death, avoids probate […]

Illegal Lottery Scam in Arizona

I JUST WON $1,000,000! OR DID I? I just received a letter and announcement advising I am the winner of a $1,000,000 lottery! Oops! I just re-read it. It actually says “I just qualified to be a winner of $1,000,000.” I have to mail back the number on my letter or announcement to verify I […]

Your Arizona Right to Remain Silent

What do you do if you are approached by the police to be interviewed?  There are generally only a few reasons the police will want to talk with you:  if you are a suspect in a criminal investigation or you witnessed or are a victim  in a crime. Let’s talk about the first scenario. If […]

Do I Need a Trust?

One of the most common questions that I get from new estate planning clients is “Do I need a trust?” Not surprisingly, the answer is, it depends. In many circumstances, a last will and testament and powers of attorney will be sufficient. A lot of people are of the mistaken belief that trusts are only […]

What is a Seller’s Property Disclosure Statement

What is a Seller’s Property Disclosure Statement in Arizona and why do I need to do one? As a property owner, in order to seller real estate you will be required to fill out a property disclosure statement. SPDS as it is commonly called.  It is a form presented to you by your realtor. If […]

What Happens When a Plaintiff Dies

I was recently asked what happens to a case when the plaintiff dies while the case is pending. The death of a plaintiff in a tort case ends the claim for pain and suffering but not the expense to the estate. If a person dies while their case is pending for say injuries in a […]