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Scottsdale Legal Blog

Great Arizona GDP numbers driven by real estate growth

As any resident of Scottsdale and the surrounding communities will tell you, life in Arizona is about the best anywhere. That sentiment appears to be reflected in the growth of the state’s gross domestic product, an increase led by a vibrant real estate market.

The BEA report

Constructing the foundation of a new business

Developing an idea into a successful commercial venture requires planning. In addition to addressing commercial law matters, an entrepreneur should develop a business plan to become organized, ensure that the business is viable and to secure financing.

Phoenix, Scottsdale neighborhood resist high-rise construction

New land development is sometimes unwelcomed and can become a legal battleground. A zoning fight is underway in the upscale Phoenix Kierland neighborhood. This real estate dispute centers on the height of a planned high-rise that will house a hotel, condominiums and retail establishments.

Many opponents will live in one of four residential towners currently under construction and would be close to the planned high-rise at Scottsdale Road and East Kierland Boulevard. The neighborhood is in Phoenix, but uses a Scottsdale address. Home-owners in the area also objected to the amount of traffic that would accompany this development.

Keep yourself out of hot water as a first-time homebuyer

Perhaps you are close to purchasing your first home. You have fallen in love with one and now must take the next steps with the seller.

Those next steps are going to be vital. Here are four items you should pay close attention to to avoid homebuying legal problems:

Repeating business success

Having one successful business is difficult, but repeating success is daunting. In addition to business law compliance, Arizona entrepreneurs should take other steps.

Multi-tasking is essential. The creator of a start-up business, for example, must oversee all major aspects of the existing business, while planning their next venture. They should be able to respond to unexpected issues and meetings with their existing business, while having the time to performing distraction-free tasks and planning. Flexibility to work on weekends, evenings and other non-scheduled times as these issues arise is also important.

Estates vulnerable to cons

The sadness that an Arizona family experiences when they suffer the loss of loved one or the concerns that seniors have for taking care of their heirs after they die are not buffers to scams and other attempts designed to take advantage of an estate. Proper estate planning can help prevent these schemes.

These new estate planning scams are also designed to take advantage of elderly individuals with reduced capacity. These attempt to have individuals to sign a power of attorney or sign over their property to relinquish control over their estate.

3 things to know about a quitclaim deed

If you need to transfer a piece of property to another individual, there are a number of ways to go about it. One option you might choose is filing a quitclaim deed. This legal document transfers the interest of a property from the grantor—the original owner—to the grantee—the new recipient. A quitclaim deed is convenient because it allows transference of ownership without a sale taking place.

This makes a quitclaim deed a popular choice for property transfers within a family. If you are attempting to transfer the title of your property to a family member or anybody else, you should reach out to an attorney for more information on the legal process that this typically entails.

Conservatorship can provide superhero protection

Elder law in Arizona and other states, through guardianships and conservatorships, protects older or incapacitated individuals who may be susceptible to undue influence. Stan Lee, the legendary creator of Ant Man, Black Panther and other iconic Marvel heroes is the subject of three lawsuits that may have been prevented through a conservatorship.

Lee, now 95-years-old, suffered from bad memory, poor vision through macular degeneration and could not handle his affairs. His wife of 70 years took care of his business until she died last summer.

Powers of attorney must be addressed cautiously

Through a power of attorney, a person prepares if they become incapacitated by selecting a trusted agent, who may make essential medical and financial decisions for them. This power, however, can be a license to steal through self-dealing and fraud. Precautions can help prevent this and diminish the chances of estate litigation.

The person selected to have power, known as an agent, must be chosen carefully based upon their honesty and competence. A family member is not the default selection.

Divorce and estate planning

Filing for an Arizona divorce may require additional estate planning and possible changes to numerous documents. This planning helps assure that a spouse's intent and wishes are carried out, and there is a proper distribution of assets, even if they die or become incapacitated before the divorce is final.

A spouse may want to remove their soon-to-be former spouse from their health care proxy and power of attorney. Otherwise, important health care and financial decisions will be made by that other spouse. They will also have access to important assets and financial information if the power of attorney is not revoked and a new document is drafted.

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