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Scottsdale Legal Blog

Stormy Daniels' estate planning lessons

The nation has followed Stormy Daniels' legal battles and alleged relationship with the President, but her new book contains a more mundane admission that she used an oral recording governing the distribution of her estate instead of a more traditional will or other estate documents. This is a surprising source for a warning and lesson on estate litigation and planning.

Business directors and officers insurance

Businesses face the risk of lawsuit from alleged negligence or wrongful acts. High-ranking business officials sometimes purchase directors and officers insurance to help protect them from a business law or other type of lawsuit.

There were 415 lawsuits filed against businesses last year. Reasons underlying lawsuits include more customers and employees pursuing their legal rights. Also, business growth increases liability, particularly with data protection and implementation of employment practices. Investors are also taking a greater role with trying to improve business practices and addressing corporate shortcomings.

If I only need a will, how can I take the pain out of probate?

The reason many residents of Scottsdale and the greater Phoenix area want to avoid probate is that they have heard stories about how the process drag on and cost their loved ones a lot of time, stress and money.

However, this does not mean that everyone needs to create a trust or use some other estate planning technique to avoid the probate process altogether, a process, which, in reality, is really just about validating one's will and distributing one's property accordingly.

Estate planning that reduces family disharmony

Despite the best of intentions, an Arizonian's will can lead to a family fight over the distribution of assets. Estate planning reduces the possibility of these family feuds, estate litigation and probate disputes.

Common probate disputes

If you are an heir to an estate that is going through probate, you may be going through a lot of emotions right now. You may be feeling a mixture of grief, anger and hurt.

Not only is it difficult to cope with losing a loved one, but the distribution of an estate can bring up underlying disputes with your family members. Additionally, something may go wrong during the probate process, prompting litigation. Here are some reasons why you may argue about the probate process or the contents of the estate plan.

Estate planning to prevent family feuds

Many people in the Scottsdale area think that by creating estate plans they can keep their loved ones from fighting over their possessions. With the right structure, it is possible to prevent family feuds and keep control over the transfer of property ownership. Inheritance disputes may not seem like a big issue, especially if you have few family members or items to pass down. No matter how many physical or digital assets you have, it is crucial for you to communicate your wishes with your loved ones to protect your estate from costly delays that often arise when there are disputes over estate plans

Do not make assumptions 

Tim Conway family engaged in conservatorship fight

Tim Conway's career included notoriety on the Carol Burnett Show and McHale's Navy. Now, the 84-year-old is reportedly suffering from dementia, and his family is involved in a legal battle over conservatorship. This battle follows legal disputes over guardianships and conservatorships for other celebrities and Arizona non-celebrities.

His daughter Kelly, one of Tim's six children, and her stepmother, Charlene, want sole conservatorship over Conway. A probate court judge in Los Angeles ruled against Kelly's request for temporary conservatorship after learning that Conway is recovering from brain surgery. Kim and his first wife stated that Tim is now almost totally unresponsive.

Title scam focuses on real estate

In many cases, social media has been a breeding ground for consumer or business fraud. One recent scam involves a bogus title company targeting real estate transactions in Arizona.

An email was sent to one couple engaged in buying and flipping homes in one case. It instructed them that they should not bring a check for the transaction to the real estate closing. Instead, they were told to submit it as a wire transfer because it was over $20,000.

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