Articles

Taxing Questions: An Essential Overview of the 2001 Tax Relief Act

In 2001, President George W. Bush signed a $1.35 trillion tax cut into law. Called The Economic Growth and Tax Relief Reconciliation Act of 2001 (“EGTRRA”), the new law provides for the phasing in of revised income tax rates, an increase in the child tax credit and a gradual increase in the amount that a […]

The Importance of Powers of Attorney

When you think about making a will, there is more to consider than the question of who you want your assets to go to upon your death. Today, estate planning allows for the creation of legal documents that do a great deal more than simply direct assets. Although directing assets is an important consideration in planning for […]

When Mercy Meets Justice – An Overview of Arizona’s Adult Protective Services Act (APSA)

In 1988, the Arizona legislature enacted the Adult Protective Services Act (APSA) to address concerns about elder abuse in the state. Recognizing that our aged population is susceptible to abuse, the legislature increased civil penalties and criminal sanctions for those who prey on the elderly or infirm. The legislation includes protection from not only physical […]

Where Should You Keep Your Will?

Give careful consideration where you plan to store your will. It could affect how soon it is read. If it is in your safe deposit box, there is a possibility that the box will be sealed upon your death. It may remain unopened until the court appoints a personal representative or until opened in the […]

Wills and Trusts – Some Frequently Asked Questions

What is a living trust? A living trust is an estate planning tool used to avoid a probate, save estate taxes, manage an individual’s assets during life, and distribute the assets upon death. A living trust is flexible and can be changed by the maker. Assets and funds can be put into or taken out […]

Avoiding the Pitfalls of Estate Planning

If you are like most people, you want to postpone drafting your will and devising your estate plan almost as much as you want to put off dying. However, there are questions everyone needs to ponder and plan the answers to, or else people we love and care about may suffer the consequences of our […]

Tax Relief – an Act with a Cliffhanger Ending

In 2010, Congress passed the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 (the “2010 Tax Act”) which, following in the footsteps of The Economic Growth and Tax Relief Reconciliation Act of 2001 (“EGTRRA”), reduced the number of people who would have to pay estate and gift taxes. The 2010 Tax Act, […]

He was on what? … And got what? Drugs, Alcohol, & Workers’ Compensation

Almost all would agree that drug and alcohol use have no place in the workplace and that the use of these substances should not be encouraged or rewarded. Yet the Arizona Supreme Court, in Grammatico v. Industrial Commission, determined that employees injured in the course and scope of their employment have an absolute right to […]

Checklist for an Alcohol/Drug Use Policy

Regardless of the size of a company, there are key elements that should be included in an alcohol and drug policy: Express the need for a safe and productive work environment. Communicate that the policy covers all persons including owners and exempt and non-exempt employees. Employees are expected to perform their assigned duties, free from […]

Arbitration Clauses in Employment Contracts – Are They Enforceable?

In 1925, in an effort to raise arbitration agreements to the same level as other contracts, the Federal Arbitration Act was passed, which set forth a national policy in favor of arbitration. And yet, for the last eighty-two years, arbitration agreements between employers and employees have remained a controversial area of law across the country. […]