Faith Law, PLC Faith Law, PLC 2026-11-13T21:29:23Z https://www.faithlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1503607/2024/09/site-icon-150x150.png On Behalf of Faith Law, PLC <![CDATA[What happens to your retirement accounts without a beneficiary?]]> https://www.faithlaw.com/?p=52803 2026-11-05T07:44:09Z 2026-11-05T07:44:09Z Many people spend years saving for retirement but overlook one important part of estate planning: naming beneficiaries. Owners of 401(k)s and IRAs can name who should receive their savings after death. However, account rules may name a default recipient if no valid beneficiary is listed.

What happens when no beneficiary is named?

If a retirement account has no valid beneficiary, its plan documents or account agreement usually determine who receives the money. The funds may go to a surviving spouse, another family member or the deceased person's estate. Arizona's State Retirement System (ASRS) follows a specific order under state law. If a member dies without a valid beneficiary, the surviving spouse generally has priority under the ASRS beneficiary rules. Surviving children come next, followed by parents. If none qualify, the funds go to the member's estate. If the funds become part of the estate, the personal representative must follow Arizona's probate process. This may involve listing assets, notifying creditors, handling disputes and distributing the remaining property.

Who inherits the retirement funds?

Arizona law sets rules for who inherits property when someone dies without a valid will. These rules apply to retirement funds only if they become part of the probate estate. The account documents may set different rules for other distributions. Creditors may also have claims against estate assets. Arizona law protects certain retirement accounts from creditor claims. However, this protection does not cover every situation. Under A.R.S. § 14-6102, some people who receive nonprobate assets may have to help pay estate claims if the estate lacks enough funds. The law sets limits and exceptions.

How can you prevent distribution problems?

Review your beneficiary details from time to time. Marriage, divorce, the birth of a child or the death of a named beneficiary may require changes. Consider these steps:
  • Check that each retirement account has a valid primary beneficiary.
  • Name backup beneficiaries in case your first choice cannot receive the funds.
  • Update your details after major family or financial changes.
  • Keep copies of account documents with your estate planning records.
An estate planning attorney can explain how your retirement accounts work with your will or trust. A review of these documents can help prevent delays and reduce confusion for your family.]]> On Behalf of Faith Law, PLC <![CDATA[Can I get a misdemeanor expunged from my record in Arizona?]]> https://www.faithlaw.com/?p=52801 2026-10-29T16:28:17Z 2026-10-29T16:28:17Z A misdemeanor conviction can affect job applications, housing opportunities and professional licenses. If you have a conviction in Arizona, you may wonder whether you can clear your record and move forward. Arizona offers ways to seek relief from certain criminal records. The state generally allows people to set aside convictions rather than expunge them. Eligible individuals may also petition to seal their criminal case records. Each option has different rules and benefits.

What does setting aside a conviction mean?

Setting aside a conviction releases you from certain penalties and disabilities under Arizona law. The court also dismisses the charges. However, the conviction does not disappear from your criminal history. The record generally shows that the court set aside the conviction. This may help when you apply for jobs or pursue other opportunities. However, the conviction may still appear on background checks.

Who qualifies for relief in Arizona?

You can generally apply to set aside a misdemeanor conviction after completing your sentence and probation. The court must also discharge you from your sentence. Some offenses do not qualify, and approval is not automatic. Under Arizona Revised Statutes § 13-905, the judge reviews several factors before making a decision. These include the circumstances of the offense, your criminal history and your compliance with court orders. The judge may also consider your age at the time of conviction, the victim's views, restitution and the time since you completed your sentence.

How does the process work?

You must file a petition with the court that handled your case. Your application should include the required case information and explain why you seek relief. The state or victim may object, and the court may hold a hearing before deciding your request. Arizona also allows eligible individuals to petition to seal criminal case records under A.R.S. § 13-911. Sealing limits public access to eligible records, subject to legal exceptions. You must meet separate requirements to qualify. Waiting periods apply, and you must satisfy the statute's other conditions.

What should you do next?

Setting aside a conviction or sealing eligible records may help you move forward. Check your eligibility before filing a petition. Understanding the available options can help you choose the right path toward a clearer criminal record.]]> On Behalf of Faith Law, PLC <![CDATA[Who pays for injuries in a multi-vehicle truck accident?]]> https://www.faithlaw.com/?p=52799 2026-10-21T10:02:49Z 2026-10-24T10:02:26Z Multi-vehicle truck accidents raise complex liability questions that are not always easy to answer. With multiple drivers involved, more than one party may share fault for the resulting injuries. Therefore, finding each liable party is often the first and most critical step toward pursuing fair compensation. 

Parties who may be held responsible

Determining liability requires a thorough investigation into the actions of everyone involved in the truck's operation. A detailed review of the evidence may reveal negligence on the part of: 
  • Truck drivers: A driver who was speeding, tired or breaking traffic laws at the time of the crash may bear direct liability for the injuries caused.
  • Trucking companies: Under vicarious liability, a company may answer for its driver's conduct on the road. It may also face separate liability if it failed to train drivers properly or pushed them to break federal hours-of-service rules.
  • Cargo loaders: Unsecured cargo can cause or worsen a crash. If it did, the party who loaded the truck may share fault for the resulting damages.
  • Parts manufacturers: A faulty component such as defective brakes can directly contribute to an accident. If so, the maker of that part may also carry a share of the liability.
Since more than one party can share fault at the same time, this directly shapes how courts divide compensation among all responsible parties. Understanding who is liable and to what degree is therefore central to calculating what victims may recover.

How compensation works in Arizona

Under Arizona's pure comparative fault rule established in A.R.S. § 12-2505, courts assign each party a specific fault percentage that determines their financial share of the damages. For example, if a person suffers $100,000 in damages from a car accident but is found 20% at fault, the court may reduce the compensation by $20,000. The person could recover the remaining $80,000 from the other responsible party.  Even victims who bear partial responsibility for a crash can still pursue compensation, though their awarded amount decreases in proportion to their assigned fault. Since Arizona has largely moved away from joint and several liability, each defendant covers only their own share, and any amount left unpaid by an insolvent party stays uncollected.  Meanwhile, commercial truck operators face far steeper insurance requirements than standard drivers, with FMCSA mandating coverage ranging from $750,000 to $5,000,000 compared to Arizona's personal vehicle minimum of just $25,000 per person. 

Why legal help matters

Pursuing claims against multiple liable parties at the same time is rarely straightforward. A personal injury attorney can review the police investigation, examine key evidence and identify every party that may owe the victim compensation. Acting promptly is also important, as each state sets its own deadline for filing personal injury claims. Seeking legal guidance early gives victims a stronger opportunity to protect their rights and work toward a fair financial recovery.  ]]> by Faith Law, PLC <![CDATA[What to do in the first 24 hours after a pedestrian accident]]> https://www.faithlaw.com/?p=52797 2026-10-21T09:41:36Z 2026-10-21T09:41:36Z Should you seek medical attention right away Injuries from pedestrian accidents often appear minor at first but worsen within hours. Adrenaline masks pain during the initial shock. Internal bleeding, concussions and soft tissue damage may not show symptoms until the next day. Medical records created within 24 hours provide important documentation linking the collision to your injuries. Prompt medical attention creates a clear timeline that helps demonstrate the accident caused your condition. Insurers scrutinize gaps in treatment. Delaying care gives adjusters reason to question whether the accident caused your condition.

What information should you collect at the scene

Collecting evidence at the scene can help support a pedestrian accident claim. Important details to record include:
  • Driver information: Record the driver's name, insurance information and license plate number before leaving the scene.
  • Photos of the accident: Take pictures of vehicle damage, skid marks and traffic signals to document the conditions at the time of the crash.
  • Witness details: Obtain contact information from witnesses who can provide independent accounts if the driver disputes fault.
  • Evidence of shared fault: Arizona allows injured pedestrians to seek compensation even when they share responsibility for an accident. However, their recovery decreases based on their percentage of fault.
These records can help clarify how the accident occurred and support a claim for compensation.

How should you handle insurance communications

The driver's insurer may contact you within hours seeking a recorded statement. Politely decline until you know the full extent of your injuries. Early statements lock you into descriptions that may not reflect conditions that develop later. Insurance adjusters may contact you early in the claims process. It's advisable to wait until you understand the full extent of your injuries before providing detailed statements, as your condition may change or worsen in the days following the accident. Knowing what adjusters look for helps build a stronger case.

When professional guidance matters most

Pedestrian accidents demand careful attention during the critical first day. Speaking with a qualified attorney helps clarify your options and protects your rights during recovery.]]> On Behalf of Faith Law, PLC <![CDATA[Can your ex inherit your assets in Arizona? The answer may surprise you]]> https://www.faithlaw.com/?p=52795 2026-10-19T18:43:49Z 2026-10-19T18:43:49Z you finalize divorce papers, most people assume their ex-spouse is automatically removed from all estate planning documents. Unfortunately, this assumption is misleading. It is important to understand how divorce affects your will and beneficiary designations to better ensure you protect your assets and that they go to your intended heirs.

How does divorce affect wills in Arizona?

Arizona law states that a divorce automatically revokes any transfer of property made to a former spouse in a will. This means the state generally treats provisions benefiting your ex-spouse as if they predeceased you. However, this protection only applies to wills. Many other estate planning documents remain unchanged after divorce, creating potential pitfalls for the unwary.

How might my ex-spouse still inherit my assets?

Despite divorce, your former spouse could still receive your assets in several common scenarios:
  • Life insurance policies and retirement accounts: Beneficiary designations on these accounts are not automatically revoked by divorce in Arizona. If you named your spouse as beneficiary years ago and never updated the form, they will likely receive those funds regardless of your divorce.
  • Payable-on-death accounts: Bank accounts with POD designations and transfer-on-death securities remain payable to the named beneficiary unless you actively change them.
  • Trusts: Revocable living trusts and other trust documents are not automatically modified by divorce. Your ex-spouse may remain as beneficiary or even trustee if you do not amend the trust.
These situations underscore why proactive estate planning updates are essential following any divorce.

How can I reduce the risk of my ex getting my assets after I die? 

The following checklist can help to better ensure your estate plan reflects your current wishes:
  • Review and update all beneficiary designations on life insurance policies, retirement accounts, IRAs and 401(k) plans
  • Revise or create a new will that reflects your post-divorce intentions
  • Amend or restate any trusts removing your ex-spouse as beneficiary or trustee
  • Update powers of attorney for healthcare and financial decisions
  • Change payable-on-death and transfer-on-death designations on bank accounts and securities
  • Review and modify any jointly owned property titles
  • Update your healthcare directive and living will
  • Notify your employer of beneficiary changes for any workplace benefits
  • Consider creating new estate planning documents rather than simply amending old ones
Taking these steps promptly after divorce reduces the risk of unintended inheritance and gives you peace of mind that your assets will pass according to your wishes.

An estate plan that reflects your wishes

Divorce does not automatically sever all financial ties to your former spouse. While Arizona law provides limited protection for wills, many other estate planning documents remain unchanged unless you take action. By understanding these risks and systematically updating your estate plan, you can ensure your hard-earned assets go to your intended beneficiaries rather than an ex-spouse. ]]> by Faith Law, PLC <![CDATA[What makes a will legally valid in Arizona]]> https://www.faithlaw.com/?p=52793 2026-10-07T11:38:11Z 2026-10-07T11:37:08Z Who can create a valid will An individual must be at least 18 or an emancipated minor to make a will. The individual must also have testamentary capacity when signing it. Arizona courts consider four factors. The testator must understand the property owned, recognize natural beneficiaries, understand the will’s legal effect and have a clear plan for distributing the estate. Courts generally presume capacity unless evidence shows otherwise.

What formal requirements must a will meet

Arizona law recognizes two types of valid wills, each with its own requirements. An attested will must be in writing and signed by the testator. Another person may sign on the testator's behalf if directed to do so and the signing occurs in the testator's presence. Two witnesses must also sign after the testator signs the will or confirms that the signature belongs to the testator. Both will types share several common rules:
  • Under A.R.S. § 14-2505, for wills executed on or after October 1, 2019, a beneficiary or a relative of a beneficiary generally cannot serve as an attesting witness unless the will is self-proved under A.R.S. § 14-2504.
  • Arizona law does not simply limit or reduce the share an interested witness may receive.
  • Under A.R.S. § 14-2503, a holographic will may be valid when the testator handwrites the signature and material terms and has the required testamentary intent and capacity.
  • The will may include typed or printed portions, and Arizona law does not require witnesses to sign it.
  • State law permits self-proving affidavits, reducing the need for witness testimony during probate.
Careful attention to these distinctions is essential in will preparation.

How life changes affect a will

Divorce, marriage and new children can all change how a will operates. Under A.R.S. § 14-2804, divorce or annulment automatically revokes provisions that benefit a former spouse. This includes property transfers, fiduciary roles and powers of appointment. The revocation does not apply if the will states otherwise or a court order directs a different result. Marriage or a new child does not update a will automatically. Still, an omitted spouse or child may have a legal claim. Under A.R.S. § 14-2301 and § 14-2302, they may be entitled to the share Arizona's intestacy laws would have provided. Errors in signing, witnessing or amending a will can trigger probate disputes and delay distributions. Reviewing a will after major life or financial changes helps confirm it still reflects current intentions and meets state law.]]> by Faith Law, PLC <![CDATA[What makes an extreme DUI different from a regular DUI?]]> https://www.faithlaw.com/?p=52790 2026-09-30T08:45:21Z 2026-09-30T08:45:21Z How does Arizona define extreme DUI? Arizona law sets three distinct BAC thresholds for DUI charges:
  • Standard DUI: BAC of .08 or higher
  • Extreme DUI: BAC of .15 or higher but below .20
  • Super extreme DUI: BAC of .20 or higher
The state created this charge category to address drivers who present a greater risk on the road. Courts treat a higher BAC as evidence of greater impairment. Prosecutors generally pursue extreme DUI cases more aggressively than standard DUI charges.

What penalties apply to extreme DUI convictions?

Extreme DUI convictions carry mandatory minimum jail sentences. Courts cannot fully waive these sentences. The penalties increase based on BAC level and prior offenses. First-offense extreme DUI (BAC 0.15–0.19):
  • Minimum of 30 consecutive days in jail
  • A judge may suspend all but 9 days of the sentence if the defendant installs a certified ignition interlock device for 12 months
  • A minimum $250 fine, a $250 assessment and additional $1,000 assessments also apply
  • The Arizona Department of Transportation requires an ignition interlock device and completion of an approved traffic survival school course
First-offense super extreme DUI (BAC .20 or higher):
  • A minimum 45-day jail term served without interruption
  • Courts may reduce this to 14 days under certain conditions
  • Additional fines, license suspension and ignition interlock device installation are also required
Second extreme DUI offense within 84 months:
  • Minimum of 120 days in jail
  • Courts may reduce this to 60 days under certain conditions
  • Increased fines, a longer license suspension and extended ignition interlock requirements also apply
The financial impact extends beyond court fines. Higher insurance rates and device monitoring fees add significant cost to a conviction.

Can defendants challenge an extreme DUI charge?

Defense options depend on the facts. Breath test devices must be properly maintained and calibrated to produce reliable results. Officers must also follow required procedures during traffic stops and testing. Failures in these procedures may support a challenge to the results. Medical conditions, rising BAC levels and testing errors may affect breath test results. An attorney can assess the stop, equipment maintenance and testing procedures for potential legal issues. An extreme DUI charge carries consequences that extend well beyond the courtroom. Mandatory jail time, device installation costs and long-term financial effects can follow a conviction for years. Knowing the BAC thresholds and what each charge level means under Arizona law gives defendants a clearer picture of what they may be facing.]]> On Behalf of Faith Law, PLC <![CDATA[How to determine fault in an Arizona parking lot accident]]> https://www.faithlaw.com/?p=52753 2026-09-23T17:10:22Z 2026-09-23T17:10:22Z Right-of-way rules in parking lots Vehicles driving in the main lanes of a parking lot usually possess the right of way. For instance, if a driver reversing out of a space strikes a vehicle in the lane, the law often places fault on the exiting driver. Additionally, the reasonable duty of care that a driver is expected to show on public roads extends to private parking lots as well. For instance, a driver who speeds or ignores stop signs on private property may share fault or liability for a crash under Arizona comparative negligence rules.

Applying comparative negligence standards

Arizona state sticks to a pure comparative negligence standard and allows multiple parties to share fault or liability for an accident based on their actions. Under state law, a judge or a jury may assign a percentage of fault to each driver involved. This means that you may still pursue compensation if you were partially to blame for the incident. However, your recovery may be reduced in direct proportion to your assigned percentage of fault.

Key evidence for determining fault

Proving a breach of the duty of care and establishing driver fault in a parking lot often depends on the quality of evidence gathered right after the accident occurs. Because these lots are privately owned, police may not always issue a ticket, making outside evidence key:
  • Photos of vehicle positions
  • Surveillance footage from businesses
  • Statements from neutral witnesses
  • Pictures of property damage
  • Police reports if available
These records help recreate the scene and show which driver failed to follow safety rules. Detailed records serve as the base for any later insurance claim or legal action.

How a legal guide may help

Handling these negligence claims requires a deep review of the facts surrounding the impact. An attorney experienced in Arizona laws can provide the help needed to handle insurance disputes. They can also help show your options for recovering losses after a crash.]]> by Faith Law, PLC <![CDATA[What are the penalties for drug transportation in Arizona?]]> https://www.faithlaw.com/?p=52751 2026-09-17T07:53:06Z 2026-09-17T07:53:06Z How does Arizona classify drug transportation offenses? Three separate statutes govern these charges: Transportation of narcotic or dangerous drugs is generally a Class 2 felony in Arizona, the state's second-most serious felony level. When the amount reaches the legal threshold, Arizona law generally requires a prison sentence. Probation or other alternatives to prison may not be available.

What prison sentences and fines can apply?

A Class 2 felony conviction can result in significant prison time. The sentence depends on the type and amount of drug involved, any factors that may increase or reduce the sentence and the defendant's criminal history. Prior felony convictions may also increase the sentencing range. A conviction may also lead to:
  • Substantial court-imposed fines
  • Forfeiture of property linked to the alleged offense
  • Employment and housing limits tied to a felony record
  • Loss of professional licenses or eligibility for certain licensed jobs
For offenses involving threshold amounts or dangerous or narcotic drugs, probation is generally not available under Arizona law.

What defenses may be available?

The facts of the traffic stop, search, seizure and the defendant's knowledge of the substance can affect how the case is evaluated. A defense strategy may focus on whether:
  • The defendant knowingly transported the controlled substance
  • Law enforcement made a lawful stop, search or seizure
  • The prosecution can prove each required element of the offense
  • Law enforcement properly obtained and preserved the evidence
These issues may help determine which defenses apply and whether certain evidence can be challenged in court.

What to consider after a drug transportation charge in Arizona

Arizona drug transportation charges can lead to prison time and a felony record. The penalties depend on the type and amount of drug involved. They also depend on the felony class and the law that applies. Reviewing the charge with a criminal defense attorney early can help clarify the possible penalties and identify any defenses that may apply.  ]]> On Behalf of Faith Law, PLC <![CDATA[5 life events that may require updating your Arizona estate plan]]> https://www.faithlaw.com/?p=52750 2026-09-04T23:17:00Z 2026-09-04T23:17:00Z Marriage or remarriage can change how asset are handled Marriage can change how property acquired during the marriage is classified and may affect how you want assets distributed at death. Old beneficiary designations on retirement accounts and life insurance may conflict with your current goals. Update your will, trust and all account designations. Retirement accounts and life insurance policies pass outside the will and need separate changes.

Divorce requires immediate plan revisions

Arizona law generally revokes certain revocable estate planning provisions favoring a former spouse after divorce. Retirement plan beneficiary designations on employer-sponsored retirement accounts, which are governed by federal law. A former spouse may still receive those assets if the designation is not changed. Updating every account designation – not just your will – is an important part of an estate-plan review.

Birth or adoption adds new heirs

Having or adopting a child creates immediate estate planning needs. Naming a guardian in your will and establishing a trust to hold assets until adulthood are among the most important steps you can take. Without clear instructions, a court may need to appoint a guardian for your child. Separate arrangements may also be needed to manage property or other assets inherited by a minor.

Death of a named decision-maker may require a replacement

If your designated executor, trustee or healthcare agent dies before you, your plan may be left without a key decision-maker. State law decides who serves next. Courts may appoint someone unfamiliar with your values or financial goals. Naming backup decision-makers can reduce the risk of delays or complications if your first-choice representative cannot serve.

Major wealth changes may require tax planning updates

Acquiring significant real estate, selling a business or receiving a large inheritance can substantially increase the total value of your estate. For estates approaching or exceeding the federal estate tax basic exclusion amount, significant changes in wealth may warrant a review of the plan’s tax provisions. For 2026, the federal basic exclusion amount is $15 million.

Review your estate plan after major life changes

Your estate plan is only as current as the last time you reviewed it. Each of the life events covered here can create gaps between what your documents say and what you actually want. An attorney can review your documents and help identify changes that may better reflect your current wishes and family circumstances.]]>