Scottsdale Probate Litigation Attorneys
Support Clients’ Interests in Court Proceedings
In many cases, probate, trust, and guardianship and conservatorship matters are free of conflict and are easily handled by clients and their attorneys. However, probate litigation may be required if conflict arises in such matters. At Mazza Law, our probate litigation attorneys provide experienced legal counsel for litigated estate matters.
What is Probate Litigation?
Probate litigation is the legal process that includes challenging a will, disputing a trust, taking back a property that was wrongfully taken, or dealing with an inheritance claim.
Probate Litigation Can Include the Following:
- Will Contests: These cases may arise when it appears that a will may have been written or changed due to undue influence from another party, such as a family member, caregiver, or another individual.
- Trust Contests: A trust contest may arise if it is believed a trust was inappropriately altered due to the influence committed by another party.
Power of Attorney Contests: A power of attorney contest may arise when it is alleged that a power
of attorney document was misused, and the assets of the incapacitated
individual or the decedent were improperly managed.
Estate Planning Documents can be challenged on several grounds, which include but are not limited to:
- The document was improperly signed or witnessed.
- The document was changed as a result of undue influence by another party.
- The document was written or changed when the party lacked the requisite capacity required by Arizona law.
- The document contains ambiguous or vague language.
- Breach of Fiduciary Duty Lawsuits: A trustee or personal representative may be subject to liability if the assets of an estate were severely mismanaged or illegal actions were taken by the fiduciary while administering the estate.
- Financial Exploitation Claims: If a vulnerable adult was financially exploited by an individual, there may be a claim for financial exploitation.
- Protecting the Rights of Heirs, Devisees, and Beneficiaries: Our firm provides legal counsel to heirs, devisees, and beneficiaries to help them determine what their rights are, if any.
- Guardianship and Conservatorship Litigation: If you are involved in a contested Guardianship and/or Conservatorship matter regarding an alleged incapacitated individual, our firm provides legal assistance for petitioners as well as individuals who are objecting to the appointment of a Guardian/Conservator, or those who believe the proposed ward is not in need of a Guardian/Conservator.
If you need help with any of these probate litigation matters or any other matters that may require probate litigation, reach out to Mazza Law to get help from our probate litigation attorneys in Scottsdale who will advocate for your position.
What Does A Probate Litigation Attorney Do?
When a person passes away their assets/properties must be distributed to their named beneficiaries in their will. If there is no will, state law decides how their assets are to be distributed, this process is called probate.
You should always consult a probate litigation attorney if you believe there may be something wrong with a loved one’s will or if you will be entering the probate process.
A probate litigation attorney can provide counsel for all of the following situations:
- Contesting a Will
- Undue Influence
- Mental Incapacity
- Breach of Duties
Are you in search of a probate litigation attorney to contest the will of a loved one? The attorneys at Mazza Law have experience handling a variety of probate cases. Give us a call today to go over your case and to schedule a consultation!
The outcome of a probate dispute will be, in large part, a direct result of the skills of your probate litigation attorney. Our founder, Danny Mazza, was listed as a “Top Probate Attorney,” has received the “Clients Choice Award” from Avvo, as well as being listed as a Super Lawyers “Rising Star,” and “Best of the Valley,” for estate planning and probate. Your case will be in the hands of a true legal professional.
Call at (602) 536-7609 to schedule an appointment to discuss your legal concerns with a probate litigation attorney in Scottsdale.