Publications Archive

REAL ESTATE LAW UPDATE: September 2017
It Is Possible For Your Homeowners’ Association To Take Your House, But Only If You Don’t Follow The Rules And They Do

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The Arizona Republic recently published an investigative series about homeowners who have lost their houses as the result of foreclosures by their homeowners’ associations. As happens periodically, some people have pointed to these events as demonstrating the need for closer government regulation of homeowners’ associations. My own view is that the process by which homeowners’ […]

ESTATE PLANNING LAW REPORT: JULY 2017
IS AN INHERITANCE TAXABLE INCOME

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I have addressed in previous reports the tax consequences of gifts and inheritances, but the subject is worth revisiting because I get asked about it frequently. There is a common misconception that inheritances are automatically taxable. Although the reasoning behind that misconception is usually not clearly articulated or is unexpressed, I think it originates with […]

ESTATE PLANNING LAW REPORT: June 2017
New Legislation Concerning End of Life Care Focuses On Health Care Providers, But the Likely Practical Effect Is Unclear

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There has been some publicity recently about a piece of Arizona legislation concerning end of life care. The legislation says that a health care provider can’t be discriminated against (fired, demoted, have their wages cut, etc.) because the provider “does not provide [services] for the purpose of causing or assisting in causing the death of […]

REAL ESTATE LAW UPDATE: May 2017
When Must a Seller of Land Provide an Affidavit of Disclosure
(Or, When Is Property “Unsubdivided”)?

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On at least a couple of occasions in the past I have written about the Arizona statute that requires sellers of unsubdivided land in unincorporated areas to provide an affidavit of disclosure. A commenter recently pointed out an area of uncertainty that I believe I identified in some of my earlier writings on this subject. […]