At Berk Law Group, we specialize in Arizona probate, trust and estate services. Our cases often involve disputes or litigation. We understand the complexities involved in these legal matters and are committed to offering our clients transparent, straightforward pricing for specific services.
In most cases it is difficult to estimate the time that will be involved because we cannot control what other involved parties may do. In those cases, we typically charge hourly billed in tenths of an hour for the actual amount of time we spend on your matter. In some cases, we offer flat, contingency or hybrid fee arrangements. In a flat fee situation, we charge hourly after/in addition to the flat fee services.
Let’s start with a brief run down of the types of services we offer and then we’ll discuss flat fees.
Services Offered by Berk Law Group
Berk Law Group is renowned for its expertise in a range of probate-related legal services involving:
– Probate, Trust & Estate Contests & Disputes: We have assisted numerous individuals in resolving a wide array of probate and trust conflicts, disputes, challenges, and contests. Our firm is dedicated to probate litigation. Have have deep experience in a wide range of will and trust contests involving testamentary capacity, undue influence, fraud, forgery, personal representative or trustee misconduct, creditor claims and many others.
– Guardianships & Conservatorships: Our attorneys have vast experience in handling a broad spectrum of issues arising in Arizona guardianships and conservatorships, as well as disputes involving powers of attorney. We can handle the most simple uncontested guardianship or conservatorship appointment to the most complex contested matter.
– Exploitation of Vulnerable Adults, and/or Abuse, and Neglect of Vulnerable Adults: It’s unfortunate that vulnerable or disabled adults can sometimes be financially exploited or abused/neglected, often by those meant to care for them. We stand against such malpractices and work diligently to protect the rights of such individuals. We vigorously defend false allegations of such misconduct.
For a comprehensive list of our services and to understand how we can assist you, please browse our services or watch some of our videos. Our team of attorneys and staff have the experience to efficiently address the most simple to the most complicated Arizona probate matter. Contact us if you have any questions or just want a consultation.
Understanding Key Terms: Application vs. Petition
In the context of Arizona probate procedure:
- Application: Typically for simpler, uncontested requests. They are often used for routine matters or administrative requests, such as the appointment of a personal representative or a special administrator where there is only one individual who has priority to be appointed or others with equal or higher priority consent to the appointment. You may only file an application in certain limited circumstances. Applications generally do not require a hearing, unless the matter is contested or the court deems it necessary.
- Petition: A more formal request that often pertains to substantive matters, such as admitting a will to probate where there is more than one will or there are questions regarding the validity of the will. Petitions typically require notice to interested parties and may lead to a hearing before a judicial officer. Petitions are used for matters that are more likely to be contested or where Arizona law specifically requires it.
Flat Fee Services Offered
Again, we only offer flat fees in some cases. Please consult with one of our attorneys to see if your matter qualifies. Here is a sample of possible flat fee service arrangements:
1. PETITION FOR APPOINTMENT OF GUARDIAN AND/OR CONSERVATOR: We will prepare and file a petition to request to have you appointed as guardian and/or conservator, handle all associated initial paperwork, and attend the initial hearing on that Petition (the “Flat Fee Services”). Beyond these services, additional services will be charged hourly.
2. APPLICATION FOR APPOINTMENT OF PERSONAL REPRESENTATIVE WITH OR WITHOUT A WILL: We will prepare and file an application, as well as the related initial paperwork, to request to have you appointed as personal representative of the Estate and subsequently issue and send the initial notice to creditors and notice to heirs (the “Flat Fee Services”). Additional services beyond these will be charged hourly.
3. APPLICATION FOR APPOINTMENT OF SPECIAL ADMINISTRATOR: We will prepare and file an application to ask that the Court appoint you as special administrator of the Estate, followed by issuing and sending the initial notice to creditors and notice to heirs (the “Flat Fee Services”). Additional services beyond these will be charged hourly.
4. PETITION FOR APPOINTMENT OF PERSONAL REPRESENTATIVE: We will prepare and file a petition asking the Court to appoint you as personal representative of the Estate, manage all associated initial paperwork, and attend the initial hearing on that Petition (the “Flat Fee Services”). Additional services beyond these will be charged hourly.
5. PETITION FOR SPECIAL ADMINISTRATOR: We will prepare and file a petition requesting that the Court appoint you as special administrator of the Estate, handle all associated initial paperwork, and attend the initial hearing on that Petition (the “Flat Fee Services”). Additional services beyond these will be charged hourly as detailed below.
For and depending on the particular Flat Fee Services, we typically charge $2,500-$5,000, excluding costs. The flat fee will be earned upon the filing of the application or petition. For any services beyond the Flat Fee Services, we will charge based on specified hourly rates. We will provide at least 30 days advance notice for any changes in these rates.
We generally also charge for out-of-pocket costs, such as filing fees, subpoena fees, online legal research fees, expert witnesses charges and others. Those are separate and not part of the “flat fee” unless we explicitly agree otherwise.
Contact us for your Probate, Trust or Estate Matter
Thank you for considering Berk Law Group for your Arizona legal needs. We are dedicated to providing you with the best possible service and ensuring transparency in our pricing. Read more about our fees. If you have any questions or require further information, please contact us.
About Berk Law Group
Berk Law Group, P.C. is a Scottsdale, Arizona law firm specializing in probate, trust, estate, elder law, and inheritance litigation. With a commitment to integrity, dedication, and excellence, we have been serving our clients for over 26 years. Our focus is on probate litigation, addressing a wide range of probate and trust conflicts, disputes, challenges, and contests.