Publications Archive

ESTATE PLANNING LAW REPORT: September 2019
How Will the Revised Uniform Fiduciary Access to Digital Act Apply to Your Estate?

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All but a few states in the United States have now adopted the Revised Uniform Fiduciary Access to Digital Assets Act (the RUFADAA). As adopted in Arizona, the RUFADAA defines a “digital asset” as “an electronic record in which an individual has a right or interest.” What does that mean, and how is it going […]

ESTATE PLANNING LAW REPORT: August 2019
As With Many Matters of Life and Death, If You Want Someone To Do Something, Give Them Written Instructions

A loyal reader recently told me about a situation in which a deceased family member’s remains were relocated, without the consent of the deceased’s children, long after burial. I have heard of, and dealt with, more than a few disputes involving remains, but I had never heard of a situation quite like the one my […]

REAL ESTATE LAW UPDATE: June 2019
One Newsworthy Item Out Of The Recent Legislative Session: A Change To The Arizona Residential Landlord and Tenant Act Concerning Partial Rent Payments

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When the Arizona Legislature completes its session, there’s naturally a lot of interest in what new laws have been adopted. Sometimes there’s less to those changes than meets the eye. The news reports on the just-concluded legislative session gave considerable attention to a change in the laws governing residential landlords and tenants, but on closer […]

Tax Law Special Report: April 2019
If I Didn’t File My Tax Return On Time, What Excuses Will Be Good Enough To Get Me Out of Paying A Penalty?

A tax newsletter that I read reported on a court decision that I think is worth passing along to you, my loyal readers. It’s a decision from the United States Court of Federal Claims that addresses this timely question: if I file a tax return late (without requesting an extension), what excuses might be good […]

REAL ESTATE LAW UPDATE: March 2019
Paint It Black

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I suspect that in my grandparents’ day, no homeowner would have thought that he or she could control what color the neighbors could or couldn’t paint their houses. Boy, have things changed. Now, it’s news when someone paints their house an obnoxious color and dares the neighbors to do something about it. Three news items […]

ESTATE PLANNING LAW REPORT: December 2018
If You Want To Make Sure That Your Tangible Items Go Where You Want Them To Go, Make A Will, Then Make A List

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Here’s a question I am frequently asked: how do I take care of distributing my ____________ (fill in the blank: jewelry, or Hummel collection, or gun collection, or other collection of tangible items) among my relatives? The answer I give is this: make a tangible personal property list. A tangible personal property list is a […]

ESTATE PLANNING LAW REPORT: August 2018
What Is “Funding” A Trust and What Are Other Ways To Leave Things To People Without Using A Will?

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I have written at various times in the past about re-titling your assets after you have established a trust, and emphasized the importance of this process. Nevertheless, I still get more questions about it than just about any other topic. So, at the risk of redundancy, I decided that it’s time for a quick review. […]