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Latest News, Articles and Links

 
Driving Under the Influence (.pdf version)

Do you know what to do if you are pulled over for suspicion of driving under the influence? Read on. Read More


WHAT KIND OF BUSINESS STRUCTURE IS RIGHT FOR MY BUSINESS? (.pdf version)

Business formation law in the United States is regulated by state authorities and most state business formation laws are very similar. A few federal laws affect business formation such as federal tax laws and employment laws. Popular business entities include the following: Read More


Collecting on a JUDGMENT (.pdf version)

Most people believe filing a lawsuit and obtaining judgment is the most difficult part of their legal case; however, sometimes this is incorrect. The party awarded judgment is known as the creditor and the party who the judgment is against is known as the debtor. Yes, obtaining judgment is difficult, but actually collecting payment on the judgment can be much more difficult because the debtor may not be working, have any money in their accounts, or own any property. Read More


How to Avoid WILL & TRUST CONTESTS (.pdf version)

What does it mean to contest a will or trust? This is a lawsuit brought by an inter­ested person, usually an adult child, who is unhappy with their share of a deceased person’s estate, or in some cases, no share, as set forth in the deceased person’s will or trust. These lawsuits usually cost several thousands of dollars in legal fees and can delay distribution of the estate assets by several months, if not years. Read More


9 Questions You Must Ask Before Buying a Business (.pdf version)

Everyone knows a friend, or a friend of a friend, that has purchased or sold a business, which did not end well. A common denominator of those “bad deals” is the lack of a written document outlining the terms of the agreement. The number of these situations will increase dramatically over the next decade because baby boomers are preparing for retirement and are driving an increase in small business sales. I am contacted on a regular basis to help buyers and/or sellers through the sale of their business. This article will outline most of the potential problems a buyer may run into when purchasing a business. Almost always, a consultation with an attorney before a business is purchased will reduce or eliminate any problems. I commonly tell people that spending money up front in the sale of a business is essential, because if you do not work out the potential problems before they start, it will take 10 times lengthy and expensive to unwind the problem. It is simple: the key is preparation. As Benjamin Franklin said, “Diligence is the mother of good luck.” 



Gun Trust (.pdf version)

The ownership of firearms in Arizona is part of our culture. In the last decade the ownership or possession of federally prohibited firearms through a trust has increased significantly. The National Firearms Act of 1934 (NFA) restricts the ownership of Title II, Class III firearms: machine guns, short barreled shotguns, short barreled rifles, destructive devices, suppressors/silencers and "any other weapon." However, these types of weapons can be owned in Arizona. 



Martial Property, Debt & Prenuptial Aggrements (.pdf version)

Is Arizona a community property state?
Arizona is one of eight states that observe community property laws with respect to marriage.


Power of Attorney, Guardianship, Conservatorship. What does all that mean? (.pdf version)

What is a Power of Attorney? A Power of Attorney (POA) is a legal document containing a written authorization to delegate power and authority to act on behalf of another person. The person who signs the POA is called the Principal. The Principal gives legal authority to another person (the Agent or Attorney-in-Fact) to make decisions on behalf of the Principal. There are two main categories: financial and medical. All of the POA documents discussed below require the Principal to execute (sign) the document while they are of sound mind under Arizona law.


Probate, Wills and Trusts (.pdf version)

I JUST MOVED TO ARIZONA FROM OUT OF STATE. DO I NEED TO HAVE MY WILL OR TRUST REVIEWED TO SEE IF IT COMPLIES WITH ARIZONA LAW?
No. As long as your out of state will or trust was done in compliance with the laws of the state in which the will or trust was executed, Arizona courts will honor the will or trust even if it does not comply with Arizona will and trust law.


Arbitration (.pdf version)

If you haven't heard of an Arbitration clause, you might want to read the contracts you have signed: cell phone, bank account, credit card, downloaded “apps”, gym membership, sale agreement of your home or car. Pretty much every contract! So, what is it?


Access to Justice in Justice Court (.pdf version)

The first step in deciding whether you need to file a complaint/lawsuit against another person depends on an objective analysis of the dispute: what is the problem and how much is it worth? The answer to these questions will determine which Court you will file your lawsuit with: Justice Court (less than $10,000) or Superior Court (more than $10,000).





OUI-DUI - Boating Laws (.pdf version)

What are the top violations in Arizona? What items do I need if my boat is longer than 16ft? Can I be find if my boat has a Quagga Mussel? What are the drinking and driving (operating laws on the lake?


Why do I need a will? (.pdf version)

If I die without a will, where does my property go?


Boating Violations statewide

List of Boating Violations by Citation


Landlord/Tenant Security Deposit (.pdf version)

This artilcle is limited to signle-family residential dwellings relating to security deposits. It does not include mobile hoes or commercial properties.


An Appealing Lesson

Lake Havasu High School students traveled to Kingman on May 9 to hear oral arguments in a pending case before the Arizona Court of Appeals.


Ask the Attorney (.pdf version)

The following questions might help you preserve some of your legal rights in the unfortunate event you get "stopped" by Lake Havasu City Police or the Mohave County Sherrif for DUI.


Free Estate Planning info.
posted by Wachtel Biehn Malm

Planning your estate is easy... with a little help. Here are a few frequently asked questions with their answers to help make it a little easier.


Free Personal Injury info.
posted by Wachtel Biehn Malm

Understanding your rights when you've been injured in an accident is important. We've provided the following frequently asked questions and answers to help you along that path.


Wachtel Biehn & Malm is proud to provide the following information on estate planning and personal injury law for the general public. These materials answer common questions regarding the process of litigation and probate in Arizona.  Comments or questions regarding any of these materials may be addressed to our office or feel free to send us an email .

The materials on this website are provided for informational purposes only and do not constitute legal advice. These materials are intended, but not promised or guaranteed to be current, complete, or up-to-date and should in no way be taken as an indication of future results. Transmission of the information is not intended to create, and the receipt does not constitute, an attorney-client relationship between sender and receiver. The newsletters and articles on this website are offered only for general informational and educational purposes. They are not offered as and do not constitute legal advice or legal opinions. You should not act or rely on any information contained in this website without first seeking the advice of an attorney.

Areas of practice:

  1. Personal Injury (Car, Motorcycle, Boat, Dog Bites)
  2. Wrongful Death
  3. Criminal/ DUI
  4. Wills, Trusts, Estates and Probate
  5. Business Law
  6. Real Estate
  7. Construction Law


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