In early January 2025, music industry veteran and former MTV host Matt Pinfield experienced a massive stroke that left him in a precarious state of health. According to news reports, Pinfield’s daughter, Jessica, responded by filing for a temporary conservatorship, citing worries about his ability to manage both his medical and financial affairs. While the
Latest from Berk Law Group Blog
Holding Trustees Accountable in Arizona: Understanding Trust Surcharge Laws
Trustees have a legal and ethical obligation to act in the best interests of the beneficiaries they serve. But what happens when a trustee breaches these fiduciary duties? There are consequences. Arizona’s trust laws ensure that trustees who fail to uphold their responsibilities face significant financial and legal repercussions. This article explains trust surcharge laws,
Guardianship: The Erosion of Disability Protections and the Duty to Safeguard Disabled Adults
Guardianship plays a crucial role in protecting disabled adults, yet as disability protections erode, guardians face increasing challenges in ensuring their loved ones receive fair treatment under the law. This article examines how judicial decisions, legislative rollbacks, and systemic biases have weakened disability rights, emphasizing the importance of guardians as advocates in navigating a complex
2025 AFA Spring Conference
Join Kent Berk at the Arizona Fiduciaries Association’s Annual Spring Conference, where Kent will be speaking alongside the Honorable David Gass, Chief Judge, Arizona Court of Appeals, Div. 1, and ethics attorney, Lynda Shely, regarding best practices for use of generative A.I. Click the link below to register. This seminar will cover an overview of
Top 10 Red Flags: Is Your Personal Representative Misbehaving?
Power in the wrong hands can lead to chaos, and some personal representatives take full advantage. When misconduct creeps in, beneficiaries lose money, time, and peace of mind. If something feels off, don’t ignore it—watch for these top 10 signs of personal representative misconduct in Arizona.
- Funds Vanishing: Bank accounts are draining or money is
10 Key Tasks When a Loved One Becomes Incapacitated in Arizona
When a loved one becomes incapacitated, the uncertainty can feel confusing and daunting. Knowing the right steps to take can mean the difference between chaos and control. Below are the 10 Key Tasks (and a bonus tip) you should consider first to protect your loved one’s well-being and safeguard their legal rights should they become
A Cautionary Tale: Estate of Rivenburg
The Estate of Rivenburg case, though decided in Oklahoma, offers a nuanced illustration of how courts analyze fraud and undue influence, providing insights that can be relevant to similar cases under Arizona law, particularly in understanding how evidence can shift the burden of proof in will contests.
In this case, the decedent, Velda Mae
Understanding the Difference Between Fraud and Undue Influence in Estate Planning: An Arizona Perspective
When someone signs estate planning documents like a will or trust, it is crucial that they do so voluntarily and with a clear understanding of the consequences. Unfortunately, not all estate planning documents reflect the true intentions of the person who signed them. There are situations where people are manipulated or deceived into signing
Creating Video and Other Content with AI: A Comparison of InVideo, Vyond, and Canva
Creating video content can be a powerful part of any legal practice, helping to train employees, connect with clients, explain complex legal concepts, and market services. Using AI, creating powerful video content is now quick and easy.
Based on our hands-on experience, we’ll provide a comparison of three AI-assisted video platforms: InVideo, Vyond, and Canva.
More than Just a Brain Teaser: Capacity in Arizona – From Wills to Marriage
Let’s face it: not every legal issue is created equal. Whether it’s deciding who gets your vintage wine collection or whether you can still marry your high school sweetheart, capacity matters. And no, we’re not talking about your capacity to binge-watch an entire season of your favorite show in one sitting. We’re talking legal capacity