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Kent S Berk

Kent Berk’s Legal Guides

7 total

  • What is probate?

    Probate is the process to give a Will legal power to allow the personal representative/executor to transfer assets. Watch this video to learn more.

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  • 10 Reasons to have a Will

    There are many reasons to have a Will other than the obvious need to designate who gets your property. Watch this video to learn more.

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  • Vehicle Title Beneficiary Designation Now Possible in Arizona

    Thanks to a recent change in Arizona law, it is now possible to designate a beneficiary to receive title to a motor vehicle in Arizona upon a person's death. Before, it was not possible to do so. Unless the vehicle fell within the small estate exceptions, it was necessary to open...

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  • Guardianship Does Not Automatically Terminate Driver License

    In Arizona, a guardianship may be imposed on a person if he/she is incapacitated. Incapacity, however, does not necessarily mean that the person cannot safely drive. So, when a guardianship is imposed, under Arizona law, it does not automatically terminate the person's driver lic...

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  • Recent Arizona Cases Involving Arizona's Anti-Deficiency Statutes

    The Arizona Court of Appeals has been busy deciding some of the many cases involving Arizona's anti-deficiency laws. First, on December 27, 2011, the Court resolved the question of whether a construction loan is subject to protection under the anti-deficiency law applicable to t...

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  • Testamentary Capacity

    Testamentary capacity is often misunderstood and confused with mental competence. Testamentary capacity, the mental ability to make a valid will or trust, is presumed in Arizona law. In order to have testamantary capacity, the person must: (1) understand that the document distr...

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  • Key Issues in Will Contest Cases

    Carefully Review the Will In order to determine whether the will is valid and legally enforceable, it is necessary to have an attorney carefully review the will to determine whether the basic legal r

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