Articles

In Case of an Auto or Home Accident

AUTO ACCIDENT: Call 911 for immediate help for anyone who is injured and call the police. The driver of a vehicle involved in an accident resulting in injury to or death of any person “shall immediately, by the quickest means of communication, whether oral or written,” notify the police department of the accident, if the […]

Owner Windfalls in Design/Build Contracts

Unless a change is made to design/build contracts, the owner may have a windfall when there are errors in the design. Design/build contracts require the contractor, as the design/builder, to hire qualified design professionals to prepare the construction documents. The design/builder is to provide and pay for all design services, as well as the labor, […]

A Primer on Arizona’s E-Discovery Rules

On December 1, 2006, the Federal Rules of Civil Procedure were modified in order to address e-discovery issues. The Arizona Supreme Court has followed suit by adopting new e-discovery rules that became effective on January 1, 2008. The changes adopted by the Arizona Supreme Court modernize the old rules and specifically address e-discovery. E-discovery is […]

Distressed Real Estate – What You Need to Know When Negotiating the Terms of a Real Estate Loan

During the Great Recession, the delinquency rate for commercial real estate loans peaked in the second quarter of 2010 at 8.76%.1 Fallout from the current pandemic may dwarf that number. If debt service ratios are reviewed after April 2020, a significant number of loans will be in technical default as tenants request abatement or deferral […]

Faith Based Planning

When planning one’s estate, it may seem that the primary focus is about securing and passing on wealth to the next generation. Although wealth succession planning is integral to every estate plan, there are other types of “non-material wealth” that may include your faith and religious convictions. Indeed, an important question to ask when planning […]

Administering a Trust after a Trustor Dies

Read the Trust document and the Will and decide whether to accept the Trusteeship A Successor Trustee who accepts their appointment by the terms of the trust or through a court order, should be certain to read the trust document first (and corresponding Will). This will familiarize one with what the trust says about administration […]

PROVING EMPLOYER LIABILITY IS NOT ALWAYS NECESSARY TO IMPLICATE COVERAGE UNDER EMPLOYER AUTO INSURANCE POLICIES

Good plaintiff contingency cases require: (1) established liability; (2) adequate damages; and (3) a source from which to fully recover those damages. In auto accident cases, often liability is clear, and the injuries suffered (or death) create significant damages. But if the negligent driver has minimal auto insurance coverage, in most cases the recovery is […]

Plant a Tree for the Next Generation

Charitable giving most often comes from a spirit of altruism, and a person’s desire to do something for the common good. If you think about the causes you care about most, then have you ever considered further the positive effect your giving has on your own life?  The question that must always be asked when […]

Estate Planning for New Parents

1. Medical Documents for the Hospital Whenever a mother goes to the hospital to deliver her baby, it is vitally important that she provide copies of certain estate planning documents to the hospital and her physician.  Such documents include mom’s (1) Health Care Power of Attorney, (2) HIPAA authorization, and (3) her Living Trust and […]

Will Business Reorganization Become More Efficient?

The new Small Business Reorganization Act is effective as of February 19, 2020. The intent of the new law is to create a streamlined, cost-efficient path for small businesses to successfully restructure. As of the Effective Date, the debt limit for a small business case is $2,725,625, which limits who may qualify. The may limit […]