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Old Pueblo Legal Observer

Parenting Plans: Children’s Best Interests v. Parents’ Wishes

Posted by Maricela Meza | Nov 19, 2015 | 0 Comments

As a family law attorney, parents regularly come to my office and request that I help them formalize a parenting time schedule that is in the best interests of their minor children. I often think to myself, “Great! I like where this is going. Let’s get started!” Within in the first ten minutes of the conversation, I can tell whether or not this parent is looking for a parenting plan that truly is in the children’s best interests or if this is really about the parents’ wishes. Wait. Isn’t wanting a plan that reflects the best interests of the minor child and a parenting plan that reflects the parents’ wishes the same thing? I mean, a parent wishes for the best interests of their children, right?!

It’s Never Too Late to Choose Happiness

Posted by Amanda C. Monteagudo | Nov 06, 2015 | 0 Comments

Statistics reveal that late-life divorce has become more common and acceptable over the last two decades. According to the National Center for Family and Marriage Research, in 2014, people age 50 and above were twice as likely to go through a divorce than in 1990. For those over 65, the increase ...

Leonard Karp Recipient of Lifetime Achievement Award

Posted by Marissa L. Sites | Jul 20, 2015 | 0 Comments

Karp & Weiss, PC congratulates Leonard Karp, Shareholder, as the 2015 recipient of the Foundation for Family Justice Peter Economidis Lifetime Achievement Award in recognition of his work and contributions in the field of Family Law in Southern Arizona.  In April of this year, a reception sp...

ALTERNATIVE DISPUTE RESOLUTION

Posted by Honorable (Ret.) Nanette M. Warner | Jul 13, 2015 | 0 Comments

            For decades, legal disputes were traditionally resolved by court action, wherein one person (or company) instituted a lawsuit against another in a court of law. In the last century, lawsuits began clogging the courts. Resolution of legal disputes often took years and was costly. Appeals to higher courts followed the judgment of the trial court. Only the financially well off could afford lawsuits due to legal fees, unless the matter lent itself to a contingent fee. For many, justice delayed equaled justice denied. It was commonly viewed that the attorneys primarily benefited financially from the protracted litigation by their legal fees. In the 1980s, lawyers and judges began asking if there was a better way to resolve disputes. Thus, began the big push for what was then captioned as alternative dispute resolution.

Can The Police Search Your Cell Phone?

Posted by Adam Page | Jul 02, 2015 | 0 Comments

The Fourth Amendment to the United States Constitution protects all individuals against unreasonable searches and seizures by the government. Of course, at the time that the Fourth Amendment was drafted, the founding fathers had no way of imagining the various new technologies that today may be subject to government searches. As technology has developed, courts have grappled with how to balance the government's interest in law enforcement with the individual's right to privacy.

If you don’t like it then take me to court!

Posted by Maricela Meza | Jun 26, 2015 | 0 Comments

When two parties are in constant conflict with one another, it may seem that the only option is for the parties to have a monthly recurring appointment at the courthouse. As we know, this is not a realistic option, but what are parties supposed to do if there is constant, weekly conflict? Perhaps, the parties should consider using the services of a Parenting Coordinator.

B.B. King, Casey Kasem and Protective Proceedings

Posted by Marissa L. Sites | Jun 05, 2015 | 0 Comments

In most states including Arizona, a well-drafted estate plan which includes Powers of Attorney and a Living Will, may prevent many of the disputes seen in the cases of B.B. King and Casey Kasem. Medical or Health Care Powers of Attorney, Living Wills and Durable Financial Powers of Attorney are documents where a person appoints an agent to act on his/her behalf regarding medical care, finances and end-of-life wishes if he/she is no longer able to make those decisions. In some cases, a guardianship and/or conservatorship may be elected even if a valid Medical Power of Attorney, Living Will and Durable Financial Power of Attorney are in place and there is no issue regarding a renegade agent.

IRA Charitable Rollover Extended

Posted by Elizabeth D. Spilotro | Dec 22, 2014 | 0 Comments

In the spirit of “nothing like the last minute”, late last week Congress extended the IRA Charitable Rollover provision for 2014. The rollover permits IRA beneficiaries who are over age 70 ½ to redirect up to $100,000 from their individual retirement account directly to a qualified charity (gener...

Definiting the Persistent Vegetative State

Posted by Elizabeth D. Spilotro | Aug 13, 2014 | 0 Comments

By Elizabeth D. Spilotro In preparing a full estate plan for clients, we always walk through the process of drafting health care powers of attorney and living wills to be prepared for the possibility of a medical crisis in which the patient/client is unable to speak for himself, and to direct lo...

The Perils of DIY Estate Planning

Posted by Elizabeth D. Spilotro | Aug 13, 2014 | 0 Comments

By Elizabeth D. Spilotro As an estate planning attorney, I am frequently asked (usually by social acquaintances) whether a “simple” will or other document generated by one of the DIY legal document websites isn't “just fine” or “good enough”. The answer I give is often some variation on the “wou...

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