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Arizona Probate And Trust Litigation

Arizona Probate and Trust Litigation attorneys

Maricopa County | Pima County | Pinal County | Yavapai County | Mohave County

Regarding probate and trust litigation, it’s essential to understand that even the most minor inaccuracies in your trust or will can cause significant complications. As a settlor, grantor, or trustor, you need to be aware of the potential issues that can arise during the lifetime of your revocable trust and after your passing. Learn more about the following:

  • An overview of the probate litigation process
  • The probate and trust administration process 
  • The potential for litigation

With our probate and trust litigation experience, we can help avoid costly disputes and ensure assets are distributed according to the trustor’s wishes. 

With that said, let’s get started.

Estate Planning

by | Feb 22, 2023

How to protect the estate from being contested in court!

How to Secure the Trust’s Legacy?

In layperson’s terms, a trust is a legal agreement that allows a person or entity, known as the trustee/trustor, to hold and manage assets on behalf of another person or group of people, known as the beneficiary or beneficiaries. A living trust can be changed anytime, unlike an irrevocable trust.  Once a person passes, the revocable trust turns irrevocable. Protect your trust from contestation with careful drafting, clear communication, and professional guidance from experienced trust attorneys.

What happens when a trust or will gets contested?

When a trust or will is contested in Arizona, it usually is due to a few factors. Here is a partial list:

  1. Undue Influence: Undue influence is a legal term used to describe when a person is coerced or manipulated into making decisions they would not otherwise make.
  2. Misappropriation of trust funds: Misappropriation of trust funds is the illegal or unauthorized use of trust assets by a trustee or other party.
  3. Lack of transparency: Lack of transparency refers to the absence of clear and open communication or disclosure, resulting in a lack of information and understanding about a particular situation or transaction.

There are other reasons why a beneficiary or heir will contest the trust, or contest a will, but the above are common examples. As a trustor, it is essential to have verbiage in the trust discussing discussing the above scenarios letting everyone know you considered these concerns.

Probate and Trust Litigation

During the probate and trust litigation, an Arizona trust and probate attorney will help uncover the truth and the trustor’s wishes, including probate law.

We added below questions people ask to help them understand the trust and probate litigation process:

Frequently Asked Questions:

Roles with the Trust and probate litigation

What are the roles during a probate and trust litigation process?

Regarding trust and estates, there are a few important roles. They are as follows:

  1. Trustor/Grantor/Settlor: Trustor/Grantor/Settlor determines the terms of the trust, selects a trustee to manage the assets, and designates beneficiaries who will benefit from the trust.
  2. Successor Trustee / Trustee: A Successor Trustee, also known as a Trustee, is an individual or institution named in a trust agreement to take over the management and distribution of trust assets if the original trustee is no longer able or willing to serve.
  3. Beneficiary / Heir: The beneficiary can be an individual, a charity, or any other organization specified by the trust’s creator. The beneficiary has a right to the assets or income as defined in the trust document, and the trustee has a fiduciary duty to manage the trust assets for the benefit of the beneficiary.
  4. Drafting Attorney: The drafting attorney is the lawyer who creates legal documents, such as trusts or wills, for a client. They are responsible for ensuring that the document accurately reflects the client’s wishes and is legally valid. The drafting attorney may also advise on estate planning and other related matters.
  5. Opposing counsel: Opposing counsel refers to the attorney or law firm representing the opposing party in a legal matter or dispute. They are responsible for advocating for their client’s position and protecting their legal rights and interests in court.
  6. Current counsel: “Current counsel” can refer to any lawyer or law firm currently representing a client in a legal matter.

There are other roles in estate planning, like paralegals, creditors, etc. 

Take away,

With what we shared, you should be able to get a good grasp of what to expect during the trust and probate litigation matter.

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Arizona Probate And Trust Litigation Attorneys
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Arizona Probate And Trust Litigation Attorneys
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Arizona Probate And Trust Litigation Attorneys
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