Probate Litigation

The death of a family member can bring out very complicated situations for you and your loved ones. In some of these cases this can lead to litigation surrounding the closing out of a loved one’s estate, also known as probate or estate administration. Disputes can arise when emotions are running high and family members are learning to cope with the loss of a loved one.

In many cases, animosities, grudges or misconceptions about a loved one’s intentions can flare up into legal disputes. This can be very problematic for protecting the overall value of assets inside the estate and ensuring that probate administration occurs seamlessly and relatively quickly. Unfortunately, there are many different reasons that an inheritance dispute can arise, as an Arizona probate litigation attorney can tell you.

Probate litigation can be overwhelming and also confusing. Whether you’re the party starting the claim or another beneficiary being affected by the filing of any litigation, you deserve to know where you stand and what this means for the overall case. That’s why it’s helpful to retain legal support sooner rather than later.

Understanding Probate Litigation

As a probate litigation attorney in Arizona can inform you, all probate disputes fall under the umbrella of being a legal challenge related to some provision of an estate plan. It can also be related to the perceived legitimacy of an estate plan. You may be requesting the support of an experienced attorney to guide you through estate litigation because of a variety of circumstances. The first example of these is will and estate plan legality which surrounds questions about how the estate plan was first created and whether or not it is legally valid or the person who created it had the capacity to create the document and understand the repercussions of their actions at that time.

The second common reason for probate litigation has to do with amendments and whether these were done appropriately and legally. A third common reason for probate litigation in Arizona is about distribution of assets. In the event that the estate plan or will left room for ambiguity, inheritors may argue about the will through probate litigation.

A fourth reason for initiating probate litigation is about legitimacy of the personal representative. Legally binding requirements exist to ensure that personal representatives are appointed who have the legal validity to serve in this role and represent the high level of trust and responsibility associated with these important services. The final reason for initiating probate litigation has to do with undue influence.

This usually involves cases in which a vulnerable or elderly individual was manipulated to create or update their will based on the wishes of an influential party, such as a caregiver. In the event that probate litigation in Arizona is necessary, our attorney is ready to represent your personal best interests from the beginning to the end of this process.

Emotional conflicts may arise throughout litigation and this can be emotionally sensitive when dealing with other family members. Any person who is contesting the validity of a will or other document will need to be prepared to present evidence regarding their concerns about why they believe this document to be invalid. Anytime that estate litigation is filed, this can slow own the process of administering the estate, meaning that beneficiaries in the estate might not be able to receive their assets as quickly as they otherwise would.

This can further inflame tensions from family members who believe that the estate litigation should not have been initiated in the first place. If you are an interested party and believe that something is amiss regarding the documents associated with estate administration, it is imperative that you consult with an experienced attorney about your best interests. This helps to ensure that you have taken all the necessary steps to gather evidence and that you understand the full scope of what is involved in initiating a probate dispute case.

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