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Probate Challenges and Estate Litigation – Do Wills Always End Up in Court?

June 30, 2014 By Kent Berk Leave a Comment

For anyone who has heard the estate planning maxim that failing to plan is planning to fail—and for some families the goal of estate planning is probate-avoidance—there still tends to be some confusion about probate litigation.

First, probate and estate litigation are not the same things as estate administration through probate. Probate “means proving (a Last Will and Testament’s) genuineness in probate court. Unless otherwise provided by statute, a will must be admitted to probate before a court will allow the distribution of a decedent’s property to the heirs according to its terms.”

A Last Will and Testament is supposed to reflect the complete and true wishes of someone in their sound mind who sets forth their wishes for property upon death.

When someone’s wishes are disputed, misunderstood, vague, or otherwise argued over, the probate court hears evidence of the person’s intent.

It is at the point where challenges and disagreements interfere with the court’s ability to administer the will that probate challenge and estate litigation occur. [Read more…]

Arizona Court of Appeals Finds Appraisers Not Liable in Real Estate Disputes

June 24, 2014 By Kent Berk Leave a Comment

In Arizona and throughout the country, the recent Great Recession, which “began with the bursting of an 8 trillion dollar housing bubble,” created a significant dip in the once-booming Scottsdale real estate market.

It also created a steady stream of real estate disputes.

Some homeowners found themselves with overvalued properties and few buyers were willing to pay the asking price. Others found themselves stuck with “underwater mortgages”—where the “balance of the mortgage loan is higher than the fair market value of the property.”

Both kinds of potential sellers found that the real estate market had become a distinctly buyer’s market.

Sellers who recall negotiating real estate during the 2007-2009 period may relate to the consolidated case decided recently by the Arizona Court of Appeals. The case, which can be found in full here, Southwest Non-Profit Housing Corp. v. Nowak, Et. Al., involves three appraisers who, at different times and with different buyers, appraised residential properties at least $10,000 below the contract price.

In each instance, the sale of the residential property was contingent on the buyer’s ability to secure loans. With each of the three appraisals, the sale predictably failed to materialize due to the lender rejecting loans to the buyers. [Read more…]

Casey Kasem – Fame No Insulation From Elder Law Struggles

June 16, 2014 By Kent Berk Leave a Comment

Casey Kasem is the well-known host of the nationally syndicated countdown show “American Top 40” and for voicing Shaggy in the Saturday morning cartoon franchise “Scooby-Doo.” The iconic disc jockey recently passed away at the age of 82.

Preceding his passing, Mr. Kasem’s family had been in and out of Los Angeles courts, bitterly trying to win conservatorship, assert decision-making rights on his behalf, and ultimately, to ask the court to allow Mr. Kasem to be removed from artificial hydration and feeding.

The public became aware of the acrimony in May when Mr. Kasem temporarily dropped out of sight before finally being found in the state of Washington. Mr. Kasem was living with the advanced stages of Parkinson’s disease, a degenerative disorder affecting the central nervous system.

Mr. Kasem’s eldest daughter from his first marriage, Kerri Kasem, requested and was granted temporary conservatorship from a California Superior Court Judge. The status of her father’s health, finances, and potential elder abuse were the basis for granting conservatorship, according to this news article. The hearing revealed a shocking fact—the people left in charge of Mr. Kasem’s safety and welfare claimed to be unsure of his whereabouts.

At the time of the May hearing, there were conflicting reports about whether Mr. Kasem was being deliberately kept away from some of his family, or whether he may be in a location unknown to everyone. Since that time, it has been alleged that Mr. Kasem’s wife, Jean, purposefully removed him from his feeding tube while in nursing care and moved him to Washington in order to evade Kerri and her siblings. Kerri Kasem reportedly will file elder abuse charges based on this and other actions taken by Jean. [Read more…]

Father’s Day in Scottsdale

June 12, 2014 By Kent Berk Leave a Comment

From changing diapers, to teaching their kids how to ride a bike, to watching them graduate from school, fathers do so much.

That’s why, every year in June, we celebrate dads. This year, Father’s Day lands on Sunday, June 15.

You might have already planned the perfect Father’s Day for your dad. But if you haven’t, Scottsdale has a number of exciting activities that you can share with your dad. (No tie needed!)

If your dad is a foodie, consider taking him to one Scottsdale’s great restaurants.

Open Table has compiled a list of area restaurants offering special Father’s Day meals and deals. One particular gem is Fleming’s Steak House in Scottsdale, which invites you to “Give your Dad our best. Join us for our $39.95 Father’s Day Brunch June 15, from 10:00am to 3pm or enjoy our three-course Prime Rib Dinner for the special price of $39.95.” [Read more…]

AJ’s Summer Wine Spectacular Benefits Scottsdale Center for Performing Arts

May 27, 2014 By Kent Berk Leave a Comment

The Scottsdale Center for the Performing Arts presents AJ’s Summer Wine Spectacular Tasting Event! The wine tasting will take place on Saturday, May 31, at 2:00 p.m..

This wine spectacular features “40 exceptional wines of value, all personally rated and selected by AJ’s Fine Foods cellar masters,” according to event organizers. Along with delectable wines, the event promises to please even the most discerning palate with gourmet treats from AJ’s, including artisan breads, cheeses, shrimp cocktail, sushi, sweets, and more.

No foodie or wine connoisseur will be able to resist this event! [Read more…]

Mickey Rooney’s Family Accused of Elder Abuse, in Court Following Actor’s Death

May 21, 2014 By Kent Berk Leave a Comment

To a certain generation, Mickey Rooney evokes memories of Hollywood’s golden years, where going to the movies was a happy, music-filled, and glamorous experience. Classic film fans mourned the loss of an icon after hearing news of Rooney’s passing on April 6, 2014.

Quickly following on the heels of this tragic news, however, was word that Rooney’s extended family was openly feuding about everything from who would claim his body to who should lay claim to his somewhat meager estate. News of his final years also included stories of possible elder abuse by those same relatives.

The years before his death seem to have foreshadowed his final decline. Since 2011, he had fought legal and personal battles, struggling to maintain his dignity. In that year, Rooney and his attorneys filed a financial elder abuse lawsuit against Chris Aber, his wife’s son from a previous marriage, and Aber’s wife. The lawsuit accused the Abers of robbing Rooney of millions of dollars and of elder abuse. [Read more…]

AZ Rejects Proposed Change to Settlements in a Personal Injury Claim for a Minor

May 13, 2014 By Kent Berk Leave a Comment

The goal of any personal injury claim is recovering damages—the money spent on medical bills, lost wages, as well as for pain, suffering and emotional distress—for an injured person. When that person is a minor, however, the settlement process can be more burdensome for everyone involved than it is for adults.

Proposed bill, HB 2327, that initially sought to change the procedure for the settlement of claims of a minor if the net amount of the settlement was $10,000 or less, was rewritten when presented to the Governor such that it no longer included the proposed change in procedure for the settlement of such claims for minors and thus did not become law in Arizona. [Read more…]

Buyer, Beware! Online Last Will and Testament Ends in Probate Litigation

May 7, 2014 By Kent Berk Leave a Comment

Online legal forms allow consumers to form a business, create real estate contracts, and make a last will and testament—all from the comfort of their homes and without an attorney. This convenience—paired with the often reduced cost of purchasing do-it-yourself (DIY) forms—might explain the success of the online legal form industry.

Working with online forms, instead of consulting a qualified estate planning attorney, may save time and money in the short term; however, the validity, effect and interpretation of these documents may not be clear. And defects may not be discovered until it is too late.

This warning isn’t just a self-preservation tactic on the part of attorneys, who might be out of a job if everyone used DIY legal forms.

The well-regarded consumer advocacy group Consumer Reports investigated whether online legal forms operate the way they are intended. Unfortunately, the investigation yielded words of caution to those choosing to take the legal DIY route. [Read more…]

Trust Disputes – Trustee Duties to Remote Beneficiaries

April 28, 2014 By Kent Berk Leave a Comment

A revocable living trust may be a flexible yet durable estate planning tool.

Despite its convenience and popularity, families should also be aware that its creation invokes a special relationship between the trustor and the person named to represent the trust, that is, the “trustee.”

Commonly, a trustor names him or herself as the initial trustee with a successor trustee, such as a spouse or close relative, to represent the trust afterward.

Any person named as a trustee owes a fiduciary duty to the trust itself and to its beneficiaries. This means that the trustee must act in the sole and best interest of the trust, including during the lifetime of the trustor. The duties include those of honesty, impartiality, inform and report and others.

[Read more…]

Bobby McFerrin in Scottsdale, AZ

April 21, 2014 By Kent Berk Leave a Comment

Bobby McFerrin brings his unique blend and musical range to the Scottsdale Center for the Performing Arts, on Saturday, April 26^th at 8:00 p.m. Don’t miss this exciting event happening right here in Scottsdale, AZ!

His breakthrough hit, “Don’t Worry Be Happy,” began playing across airwaves during the late 1980’s and has continued to make toes tap and fingers snap. [Read more…]

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