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Phoenix Real Estate Law Blog

The cy pres doctrine explained

The cy pres doctrine was formed with the intention to prevent a charitable trust from failing. It has often been applied to different contexts including class action settlements. The concept of the doctrine is to change the terms of a charitable trust so they are restored to their original intentions of the testator, and in changing the terms in this way, the charitable trust would be prevented from failing.

This blog will provide a very brief overview of how the cy pres doctrine is typically applied and under what circumstances a trust can be given legal help in this way.

Key evidence in a slip and fall accident claim

Accidents occur every day, however, it could be possible to avoid them in some instances. When an accident could have been avoided but another party was negligent, there is a chance the victim can seek compensation.

A slip-and-fall incident is a personal injury case and requires a measure of proof. If you or a loved one is considering filing a claim for a slip-and-fall accident, there are a few key pieces of evidence you should focus on collecting.

What you need to know about contesting a will

A will is a special type of legal document because it speaks on behalf of a person that has passed away. The will states, among other things, who is entitled to that person's property and other assets.

Contesting a will can be a lengthy process because the person who wrote it is not alive to make things clear. You may want to contest a will because you think it is out-of-date, or does not reflect that person's final wishes. This blog will serve as a brief overview into what actions should be taken before contesting a will.

Injuries for which you can sue a property owner

All property owners have a responsibility to keep their premises safe for those who visit them. Trips, slips, and falls are rarely accidental. Instead, they most often occur because a property owner failed to properly maintain the site.

Falls most often occur when someone is walking on a slippery surface such as super glossy or recently-polished tiles or stone. In other cases, they happen where somebody spilled something, where rain got tracked in or because a building's owner didn't properly maintain his or her drainage system. Uneven elevations, surfaces pitted with holes and poorly-lit ones have the potential to cause injuries as well.

The law when transferring property

There are many instances in which a property owner may want to transfer his or her property onto a new owner. This is called the act of conveyancing. There is an attorney-involved in this process, who takes the desires and needs of the person buying, and converts those desires into a legal document. Then the next course of action will be decided upon in terms of who needs to sign and what title the new owners will hold.

This blog will serve as an overview of how transfers usually occur, and what legal issues might need to be considered in the process.

Why even those with modest means may want to set up trust funds

When most people hear the words "trust fund," they probably think that the idea of putting money away for those down the line doesn't apply to them because they're not particularly wealthy. That assumption can only rise out of a misunderstanding of what, precisely, a trust fund is.

It's a tool a person can use to designate how they want their money to be handled once they've passed on. Even if you're not particularly wealthy, you might find it appealing to create a trust to ensure that your finances are ultimately handled in accordance with your wishes.

How unmarried couples should define their property rights

It is becoming increasingly common for unmarried couples to live together for an extended period of time. Perhaps their intention is to never get married. However, after accumulating property, it is sensible for both parties to come to some sort of agreement on how the property should be divided in the case that the couple separates.

This blog will give a brief overview on how a couple can start to create a cohabitation property agreement, and what it should include.

Why is it useful to hire a trust fund lawyer?

Trust are often created in a person's lifetime in order to serve as a strategic way to avoid taxes and to manage wealth. They can therefore be extremely complex to manage, and although they are created to benefit the trustee, they can very easily go wrong.

This blog will give a brief overview on why it might be useful to hire a living trust lawyer that can give expertise and help you manage your living trust fund.

What are the basics of a trust fund?

Trust funds are a great way to have a high amount of control over your wealth, and have the power to determine how it will be distributed over time. It can be preferable to a will in this sense, because you can control the time period in which the trust fund will be distributed.

This blog will outline the basics of what a trust fund is and how it is managed.

Daughter faces eviction because of outdated will

Many people assume that as long as they have a will, then everything will be fine if they pass away. Unfortunately, a person's wishes may change drastically throughout the course of his or her life, and an old will may contain outdated directives — sometimes with devastating effects for the ones you love. Just such a situation arose recently because a mother neglected to update her will, posing a serious threat to her daughter and grandchildren.

The woman in question created a will several years ago, directing the administrator to sell her home and liquidate her assets in order to provide for the education of her several grandchildren. However, that was before her daughter and grandchildren came to stay in with her following a particularly difficult divorce. While the woman intended to update her will to reflect the change, she never did.

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