At Berk Law Group, P.C., we are focused on handling virtually all types of Arizona estate probate, trust and elder law disputes. Our attorneys have diverse experience dealing with numerous issues, giving them the knowledge to effectively resolve disputes and other matters–from the simplest to the most complex.
Please browse our practice areas below and watch our videos to learn how we may help you.
- Probate, Trust & Estate Contests & Disputes
- Guardianships & Conservatorships
- Elder Financial Exploitation
- Abuse & Neglect of Vulnerable Adults
- Probate, Trust & Estate Administration
Probate, Trust & Estate Contests, Disputes & Litigation
Probate, trust and estate disputes occur in numerous contexts. We have resolved issues in the following areas and many others:
- Last Will & Testament contests and disputes, including whether the person lacked testamentary capacity or was unduly influenced, and challenges to the validity of a will or attempted enforcement of a technically defective will
- Probate administration, including claims of breach of the personal representative’s duties and removal of the personal representative
- Trust disutes, including contests and challenges to the validity of a trust, whether a person breached his duties as a trustee, removal of trustee, requests for accountings, mishandling of funds and other assets
- Creditor Claims, including exemptions for life insurance
- Non-probate transfers, such as joint accounts, beneficiary designations, joint tenancy with right of survivorship deeds, payable on death designations, and others
- Powers of Attorney, including disputes over validity, agent’s abuse of power or other misconduct
- Intestate inheritance
- Exempt Property & Allowances
- Vulnerable or Incapacitated Adults – Elder Abuse, Neglect and/or Financial Exploitation
- Community Property vs. Separate Property disputes
- Wrongful Liens & Lis Pendens
- Real Estate and Personal Property
Guardianships and Conservatorships
Our attorneys can help you establish guardianship and/or conservatorship for someone who is incapacitated or object to the appointment of a guardian and/or conservator. We regularly handle contested and uncontested matters involving adults and minors. Some of the issues that we have addressed include:
- Whether the person needs a guardian and/or conservator
- If so, who should be appointed guardian and/or conservator
- Termination of the guardianship and/or conservatorship
- Removal and substitution of the guardian and/or conservator
- Abuse of power or other misconduct by the guardian and/or conservator
- Continuation of a minor’s guardianship and/or conservatorship after the minor becomes and adult or as the minor is approaching adulthood
- Isolation and seclusion of the incapacitated person
Financial Exploitation, Abuse and/or Neglect of Vulnerable Adults
Arizona’s large population of vulnerable adults are often the victims of abuse, neglect and financial exploitation. Fortunately, Arizona has a powerful remedies for financial exploitation and abuse/neglect of vulnerable adults under the Adult Protective Services Act (APSA). Berk Law Group has substantial experience in bringing and defending claims under APSA.
We also have diverse experience in a variety of other areas. This is often helpful in resolving probate, trust, estate and elder law claims.
Why is diverse experience important? The law is made up of a variety of areas, which are sometimes interconnected. An attorney handling a probate matter, for example, often needs to have a thorough understanding of not just probate law but also real estate, insurance, payments to creditors, bank accounts, and more. Our clients have found it helpful to have an attorney on their side who has diverse knowledge and experience.
Our attorneys are dedicated to giving you exceptional customer service. We are committed to staying available to you throughout the process, listening to your concerns and answering your questions. Our fees are fair and flexible. We work to meet your needs and achieve your goals in an efficient, cost-effective manner. At the end of the day, we want you to know that we worked to obtain the best result possible. Read our reviews or watch our client testimonial videos to learn what our clients have to say about our representation and service.
If you have any questions or need help resolving a probate, trust, estate or elder law issue, call 480.607.7900 or contact us.