Burns and Burns PC

"The reverence of the LORD is the beginning of wisdom..." Psalm 111:10

Legal Services

Real Estate Law

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Arizona real estate and the laws governing it have been in a state of flux as a result of the burst of the Arizona real estate bubble. As a result, individuals and families attempting to navigate the often muddied waters of short sales, foreclosures, and deficiency judgments need to be aware of the new rules, laws, and regulations affecting them. Further, for those individuals now finding themselves in a rental situation, they too need to understand their rights under the Arizona Residential Landlord and Tenant Act (ARLTA) to help ensure they fully comprehend the Contract they sign.

Also important is understanding how the commercial real estate market has been impacted by the legal and financing landscape. Whether you are the owner of a building trying to negotiate with a lender or a commercial tenant trying to negotiate with a landlord, knowing your rights is imperative. This is especially true when dealing with promissory notes or lease agreements secured by personal guarantees.

To learn more information about Arizona Real Estate law, including short sales, foreclosure, deficiency judgments and residential landlord and tenant issues, please see the Real Estate Law Section of this site.

Estate Planning

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Estate Planning is more than just preparing a Last Will and Testament. It is an area of law that helps safeguard all areas of a person’s professional and personal life. Specifically, estate planning involves:

  1. Planning for the management of an individual’s assets and business interests during their lifetime;
  2. Planning for healthcare decisions in the event of the individual’s incapacity or medical emergency; and
  3. Planning for the distribution of the individual’s assets through business succession planning, wealth transfer planning, pre-marital agreements, and tax avoidance strategies.

Whether preparing a Living Will or Healthcare Power of Attorney to handle medical emergencies; forming an Asset Protection Trust to help protect your assets from creditors; creating a Revocable Trust to avoid Probate, especially for property owned out of the state; or establishing a Dynasty Trust for the benefit of future generations; estate planning plays a role in everyday life. As a result, every individual should engage in estate planning to help avoid the unnecessary emotional confusion and financial expenses that failed estate planning can have on loved ones and family members.

Limited Liability Company (LLC)

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Limited Liability Companies (LLC) have become one of the most popular forms of business entities to form when starting a business or implementing asset protection strategies. The LLC’s popularity stems from its ability to combine the best traits of a corporation (limited liability) with those of a partnership (double taxation avoidance). Further, in Arizona, LLCs do not have mandatory annual filing requirements like corporations. As a result, LLCs have become an increasingly popular business entity to form and for good reason.

If you are looking to learn more about how, when and why to form an LLC or to better understand how to operate an existing LLC, the articles contained on this web-site are for you.