Kent S. Berk Law Blog

Under Arizona law, a lender may seek a deficiency judgment (the difference between the debt and the amount bid at the trustee sale) within 90 days of holding a trustee sale.  In order to protect the borrower against an excessive deficiency or under bidding, the borrower is entitled to a credit against the debt for the amount bid at the trustee sale or the "fair market value" of the property as of the date of the trustee's sale, which ever is greater.  What happens if the... Read More

Arizona is a community property state, meaning each spouse has a 1/2 interest in all community property.  What happens if one spouse transfers more than his/her 1/2 interest in community property?  In other words, what happens if the husband transfers part of his wife's interest in community property?  Those issues were evaluated by the Court in the Estate of Kirkes.  Watch my YouTube video and find out the answers.... Read More

What happens if a last will and testament refers to an "attached list of instructions," but the list is not actually attached?  That was the issued face by the Court in the case of the Estate of Gloria Waterloo.  Watch my YouTube video for the complete case summary and important tips to avoid a probate dispute.... Read More

Guardianship may create an inference that a person lacks testamentary capacity. Testamentary capacity is presumed in Arizona.  The person attacking the validity of a will must prove that the person who adopted the will lacked testamentary capacity.  What happens where a guardian was appointed to protect the person who adopted the will?  Re ad more and find out. . . ... Read More

Check out this video - tips on how to pick the right probate litigation attorney.   ... Read More

In order to impose a guardianship, the person needing protection (the "ward") must be incapacitated.  Being incapacitated, however, does not automatically mean that the ward cannot retain or obtain an Arizona driver license.  In connection with guardianship proceedings, the Court may determine whether the ward should be able to drive.Read the entire article  . . . ... Read More

Vehicle owner may now designate beneficiary by attachment to title.  Read more . . . ... Read More

Arizona Court of Appeals resolves three key issues involving Arizona's anti-deficiency statute applicable to judicial foreclosure actions.  Read more. .  . ... Read More

Arizona's Adult Protective Services Act protects vulnerable and/or incapacitated adults from physical abuse and neglect and financial exploitation.  The Act includes provisions for actual damages and other remedies.  Arizona probate attorneys at Berk & Moskowitz, P.C. handle a... Read More

If you are involved in a probate or estate dispute, it is essential that you have an experienced probate attorney.  The probate attorneys at the Scottsdale, Arizona law firm of Berk & Moskowitz, P.C. have experience handling virtually all probate, estate, will contest, trust, property . . . . read more... Read More