Areas of Practice for Copeland Law Offices
Copeland Law Offices provides commercial, construction and real estate litigation services, as well as assistance with estate planning.
Business ownership disputes can vary widely and may include claims of contract breaches, breaches of fiduciary duties and other issues of corporate governance. These can become significant issues that may impact the operational effectiveness and viability of the business.
A commercial lease can be one of the most important agreements that a business makes. Since a commercial lease involves real estate law, contract law and business law, it can become the source of many different types of disputes.
Disagreements in construction contracts can involve many variables. Some of the most common include timeliness of work, adherence to plans and specifications, and adherence to payment schedules. Sometimes the only way to resolve these disputes is through litigation.
Liens used by contractors and subcontractors who have provided labor and/or materials on a project which provides them interest in the title to a property.
A legal process by which the ownership of real property can be guaranteed clear title to the property. This is often used to “quiet” questions of ownership due to recording errors or disputes.
An easement gives another party access to portions of property for specific purposes and time frames. Disputes can impact the potential use and value of the property.
A legal principle often referred to as “Squatter’s Rights” in which a person who does not have legal title to the property asserts a claim of ownership based upon occupation of the property.
When multiple owners of property cannot agree upon the use or disposition of the property, a partition action may be the best way to divide the property and satisfy all parties. There are several different types of partition actions based upon the circumstances of the situation.
The legal process for collecting a deceased person’s assets, paying the decedent’s debts and taxes, and distributing the property of a deceased person as directed by a valid will or as directed by law for someone who dies without a valid will. Many uncontested estates qualify for simplified and streamlined “informal” probate proceedings available under Arizona law. Contested estates or estates that do not meet the criteria for “informal” probate must be formally probated or supervised by the court.
A legal process brought to challenge the validity of a will, trust, or other governing instrument such as an annuity, a life insurance policy, a pension, or a power of attorney. The most common legal bases for challenging a governing instrument are lack of mental capacity and undue influence. A will or trust may also be challenged because certain provisions are unclear.
The process of managing, accounting for, and distributing trust assets. Trust administration is usually NOT a court-supervised process, but Arizona court’s do have jurisdiction to address issues arising out of administration of a trust upon the proper request of an interested party.
Much more than will and trust creation, estate planning also includes instructions for care if you are incapacitated, establishment of guardians for minor children, the orderly transition of business ownership and much more.
A will is a legal document by which a person names one or more persons to manage their estate and provides for the distribution of their property at death. To be valid, a will must meet the requirements of the applicable state law which usually is the state that the testator resides in.
A "living trust" is generally created during a person’s lifetime for the purpose of holding and managing the person’s property during their lifetime, and after death, either distributing property to beneficiaries, or holding and managing property for the benefit of beneficiaries. A trustee named by the grantor is responsible for managing property during the person’s lifetime, and managing or distributing property as directed upon death of the trustor. Unlike a will, a trust can provide you with a vehicle for managing your property for your benefit or your family’s benefit if you should become incapacitated.
A “power of attorney” is a formal written authorization to act on another's behalf. The authority may be restricted to only one particular issue (a specific power of attorney), may extend to most of the principal’s personal and financial matters (a general power of attorney), or may grant the authority to make medical and end-of-life care decisions on your behalf (a health care power of attorney).
A living will, sometime called an advance directive, is a document that lets people state their wishes for end-of-life medical care and becomes effective only if you cannot communicate your wishes on your own. It usually includes directions about whether or not you want to be kept on life support if you become terminally ill and will die shortly without life support, or if you fall into a persistent vegetative state.