Probate & Trust Litigation
Probate & Trust Litigation
Probate and Trust Disputes and Litigation
When someone passes away, his or her family members must figure out how to distribute belongings, pay creditors, and settle the estate. A well-thought-out estate plan makes this process much easier, or even avoidable. Unfortunately, many people fail to create a proper estate plan during their lifetime and that can cause fighting and problems for the family – either because there is no plan or the plan is deficient. Poorly drafted estate planning documents, such as wills, trusts, or powers of attorney can lead to questions and conflicts by well-meaning family members who struggle to interpret the meaning of provisions in the plan. Reasonable people can disagree about the meaning of a provision in a trust or will. Even worse, many of us have members of our family that can disagree about anything and everything – that makes probate or trust administration disputes fairly common.
Litigation is the process to sort out those disputes through the court system. Litigation is no small undertaking, and is subject to detailed court rules, statutes, case law, and short deadlines that can make or break your case. If you miss court deadlines, you may not be able to sue or get relieve, as such it is imperative that you consult a knowledgeable attorney immediately if you question what is happening in an estate, or if someone is questioning your actions.
The probate litigation attorneys at Woods Law Group help individuals, heirs, beneficiaries, personal representatives (often called executors), and trustees navigate the litigation process to ensure the best possible result.
Probate Litigation – when do I need to hire a probate litigation attorney?
Contesting a will – There can be many reasons to contest a will. If an heir, devisee, or other interested party and you are concerned about the actions or someone as they administer an estate, you may file a will contest in the Arizona Superior Court. Due to short deadlines, if you wish to contest a will or probate proceeding, or if you are the personal representative and are being challenged, you should seek legal guidance from a qualified attorney as soon as possible.
There are several common arguments when challenging a will or the probate administration:
Intestate litigation – Intestate means that someone died without creating a will. Intestate estates can still have disputes as to who is to inherit, what they inherit, and who is to be in appointed as personal representative. Likewise, creditors’ claims and debts can create confusion. There can be many reasons to contest what a loved one is doing or has done with an estate often a family member has died. These challenges are heard by the probate court.
Trust Litigation - when do I need to hire a trust litigation attorney?
As with probate litigation, there are often deadlines that must be complied with in order to contest a trust, dispute a trust, void a trust, or invalidate a trust agreement. If you are questioning the actions of the trustee, or if you are the trustee and someone is questioning or challenging your actions, we recommend that you seek legal guidance as soon as possible.
There can be many reasons to contest a trust:
If you or a loved one are involved in, or have questions about, a will or trust dispute, please call us immediately to discuss your options. Remember, there are often time deadlines that will affect your rights.
Probate Litigation Attorney & Lawyer in Mesa, AZ
Our team will represent you as if you are our family. We earn our clients’ trust and respect by adhering to the core values we consider a commitment to our clients: