Representing Individuals In Estate Matters

Trust And Estate Litigation For Individuals In Scottsdale, Arizona

Almost everyone has either personally experienced a probate or trust administration gone bad, or knows someone who has. Unfortunately, it is all too common for families to wind up in court fighting about the estate and/or trust of a loved one.

The most common types of estate and trust litigation are the following:

• Will/Trust Contest — Someone challenges the validity of a will/trust, because they believe the deceased lacked the necessary capacity to sign a will/trust or that the deceased was unduly influenced by someone to sign a Will/Trust.
• Breach of Fiduciary Duty — The trustee or personal representative is accused of mismanaging the trust or estate.
• Questions of Interpretation — The deceased had a will or trust, but the language of the document is unclear, and there is disagreement as to the intent of the deceased.

Estate and trust litigation is complex, and no two cases are the same. Whether you are a beneficiary who has concerns about any of the above, or you are being accused of some wrongdoing with regard to the above, it is a good idea to seek independent legal counsel to make sure that your interests are adequately represented.

Trust and estate litigation can arise over many different issues. Probate of an estate is the legal process of distributing a deceased person's property to his heirs and beneficiaries, often when a person dies without a trust. This process is governed by Arizona law and court rules, and while many parties represent themselves in probate litigation, you may also choose to hire an attorney to represent you in these complicated proceedings. Other contexts in which there may be litigation in connection with a trust or estate include the interpretation or construction of wills, actions based on breaches of fiduciary duty or the removal of fiduciaries, challenges to heirship, lack of mental capacity, fraud, and many others.

If you were to die with a trust agreement, though, often your estate could be administered and your assets distributed without court involvement. This is accomplished through the personal representative and other parties you would have identified in your trust and other estate planning documents.

We provide compassionate legal assistance for clients in a difficult time of need. To speak to one of our attorneys in Scottsdale, Arizona, about the probate process, call us today and schedule an appointment.