Common Challenges in Estate Litigation Cases

Nobody wants to get involved in a legal dispute after a loved one’s death. Yet even the most solid estate plans are subject to challenges if disagreements arise during estate administration. Estate litigation is sometimes the only way to resolve these disputes effectively.

If you need help navigating an estate challenge in Arizona, an experienced estate litigation lawyer from Brown & Hobkirk, PLLC can review your situation and develop a strategy to best serve your needs.

Why You Need Our Arizona Estate Litigation Lawyers

For over 20 years, the estate litigation attorneys at Brown & Hobkirk, PLLC have helped Arizona families work through a variety of probate and trust disputes. We know the last thing you want is a protracted legal battle, especially among the people you love. Our legal team will listen to your needs, goals, and concerns and formulate an approach aimed at an effective and efficient resolution.

Common Challenges in Estate Litigation

Some of the most frequent challenges that arise during estate litigation include:

• Will contests – A will may be challenged if beneficiaries contest the validity or interpretation of the deceased person’s will. A will might also be contested if there are concerns that the decedent executed a will under duress, coercion, or undue influence. Family members may also challenge the appointment of a personal representative (executor) to close out the estate.
• Hidden or mismanaged assets – Personal representatives and trustees must manage the deceased’s assets responsibly. Concealing or mismanaging assets can result in a diminution of an asset’s value or the permanent damage or destruction of a physical asset.
• Uncooperative executors – Beneficiaries who raise claims in estate litigation may face challenges in resolving their claims due to a lack of cooperation from a personal representative. Failure to cooperate may include refusing to provide financial information or other records from the estate or actively avoiding service of process to delay legal proceedings.
• Inadequate estate or trust accountings – Incomplete or inaccurate information regarding asset values, expenses, and distributions can make it challenging for beneficiaries or creditors to understand their rights and options.
• Asset recovery – When executors or trustees misappropriate or lose estate or trust assets, beneficiaries or creditors may have difficulty recovering those assets, especially if they transferred an asset to a bona fide purchaser or do not have the funds to reimburse the estate or trust.

Determining your legal rights requires a thorough review of the will or trust documents. Our Arizona estate litigation attorneys can review the complex legal language to identify whether your loved one’s estate has been subjected to financial exploitation or other mismanagement.

Legal Strategies for Resolving Estate Disputes

Beneficiaries and personal representatives/trustees may pursue various strategies for resolving legal disputes during estate litigation. In many cases, parties may seek to settle a dispute through informal negotiations or by agreeing to attend mediation. Mediation involves settlement negotiations facilitated by a neutral third party whose role includes helping the parties understand the strengths and weaknesses of their respective cases and identifying solutions that can form part of a settlement.

If mediation fails, the parties may have to pursue their claims in court through formal litigation. Estate litigation can take considerable time, especially when parties choose not to cooperate or a dispute involves complex legal matters. At Brown & Hobkirk, PLLC we work diligently to make the legal process as stress-free as possible while advocating for the best possible resolution for you.

Holding Executors and Trustees Accountable

Beneficiaries can hold personal representatives and trustees accountable through estate litigation by asserting breach of fiduciary duty claims. A breach of fiduciary duty means a failure to act in the best interests of another party despite a legal obligation to do so.

Arizona law also prescribes other duties to personal representatives and trustees, including:

• Loyalty – The duty of loyalty requires a personal representative or trustee to place the interests of the estate or trust and its beneficiaries ahead of their interests. They should never act under a conflict of interest or benefit themselves at the expense of the estate or trust.
• Good faith – A personal representative or trustee’s duty of good faith obligates them to fulfill their role prudently, which means avoiding making negligent or reckless decisions or actions.
• Fair dealing – Personal representatives and trustees must treat an estate’s or trust’s beneficiaries fairly, refraining from favoring one beneficiary over another unless specified in the terms of the estate or trust documents.

If you suspect an executor or trustee has acted unethically, consult an attorney with experience in Arizona estate law immediately.

Protecting Beneficiaries’ Rights

Beneficiaries can pursue various forms of relief through estate litigation, such as:

• Securing an accounting of the estate or trust
• Removing and replacing an executor or trustee who has breached their fiduciary duties
• Getting a declaratory judgment from a court interpreting an ambiguous term in a will or trust
• Obtaining court orders compelling distribution of estate or trust assets or income
• Receiving compensatory awards for financial losses caused by personal representative or trustee negligence/misconduct

Preventative Measures to Avoid Estate Litigation

You can reduce the potential for estate litigation by:

• Having clear, comprehensive estate planning documents – Ambiguities in estate planning documents, such as wills or trusts, can lead to estate litigation as parties dispute the meaning or validity of various documents or terms.
• Communicating estate planning goals and wishes – Individuals who create estate plans can reduce the risk of litigation by openly communicating with loved ones to ensure they understand their goals and wishes. Letting loved ones know your preferences can help prevent disputes initiated by surviving family members who may feel cheated out of an inheritance.
• Keeping detailed records – Personal representatives and trustees may avoid or minimize estate litigation by maintaining comprehensive accounting records that document critical information such as the location of assets, asset values, estate and trust administration expenses, and distributions made to beneficiaries or creditors.

Contact Our Estate Litigation Law Firm Today

Experienced legal representation can help you protect your rights and interests during estate litigation. During this difficult and emotionally charged time, having a trusted lawyer in your corner is crucial. Brown & Hobkirk, PLLC has over two decades of experience helping Arizonans resolve trust and probate disputes so they can move forward. Call or contact us today for a free consultation with our skilled estate litigation lawyers.