Estate Litigation Attorneys in Scottsdale
When a loved one dies, disputes can arise among family members about how the estate and assets should be distributed. These disagreements not only compound the grief of loss but can also lead to a time-consuming and costly legal battle. However, there are other options besides fighting it out in court. An estate litigation lawyer from Brown & Hobkirk, PLLC can review your case, identify problem areas, and work to find a fair and timely resolution.
Our respected Arizona law firm represents clients in a broad range of estate matters. If you’re struggling with a family dispute, turn to us for guidance. We will develop a custom strategy tailored to meet your needs. Call or contact our office today for a free consultation with an estate litigation lawyer in Scottsdale.
Understanding Estate Litigation
Estate litigation is a complex legal process focused on resolving disputes concerning a deceased person’s will, trust, or estate. Common issues that can lead to estate litigation include the following:
- Contested wills – A will is a legal document outlining how a person wants their estate to be distributed after they die. Contesting a will involves challenging the validity of the document in court. Litigation can ensue if potential heirs or beneficiaries believe a will does not accurately reflect the decedent’s intentions due to issues like fraud or lack of capacity.
- Outdated estate plans – As life circumstances change, so should estate plans. When individuals fail to update estate plans to reflect new marriages, children, grandchildren, or changes in their financial situation, it can result in outdated directives that lead to conflicts. Litigation is especially likely if heirs believe an outdated plan no longer reflects the decedent’s true intentions or excludes new family members.
- Disagreements over inheritance – Inheritance disputes can occur when beneficiaries have conflicting views about the distribution of assets. These disagreements are often rooted in claims of unequal treatment, omitted heirs, or interpretations of ambiguous terms in wills or trust documents.
- Undue influence – This problem arises when a person is suspected of exerting pressure on a testator (the person making a will) to change an estate plan for their own benefit. Proving undue influence can be difficult and typically requires demonstrating that the testator was susceptible to manipulation and that the accused had the opportunity to exert such influence.
- Personal representative misconduct – A personal representative, also known as an executor or administrator, is responsible for managing and distributing an estate according to a will’s provisions and Arizona law. If the personal representative fails to perform their duties properly, behaves dishonestly, or misuses the estate’s assets, beneficiaries might take legal action to remove the representative or recover misappropriated funds.
- Incapacitation – If a person becomes suddenly incapacitated without a comprehensive estate plan, disputes could arise regarding who should make decisions on their behalf. Litigation may be necessary to establish conservatorships or guardianships, which can be contentious if family members or other interested parties disagree on who should manage their loved one’s affairs.
The Role of an Estate Litigation Lawyer
An estate litigation lawyer is an advocate who assists in resolving and preventing disputes over an individual’s estate. Their assistance is particularly valuable in three key areas:
1. Uncovering Errors in Estate Plans
Estate litigation attorneys meticulously review estate documents, identifying errors such as outdated beneficiary designations or inconsistencies between documents like wills and trusts. They can spot oversights that could lead to disputes later, such as a will that hasn’t been updated since a testator’s divorce.
2. Easing the Inheritance Process for Beneficiaries
Estate litigation lawyers play a supportive role for beneficiaries by clarifying the estate administration process and identifying which parties have rightful claims to assets. They can overcome legal barriers to ensure that the decedent’s intentions are honored and that beneficiaries receive their due inheritances without unnecessary delays or conflict.
3. Advising Personal Representatives
For personal representatives, estate litigation lawyers can guide the probate process, advising them on legal duties and addressing any accusations of wrongdoing. Attorneys help representatives meet all fiduciary responsibilities, protect the estate’s assets, and defend their position should any disputes arise.
Does Estate Litigation Always Go to Trial?
No. Not all estate litigation cases proceed to trial. Many are resolved through alternative dispute resolution methods such as mediation, arbitration, or direct negotiations. An estate litigation lawyer can represent your interests in any of these settings. Settling outside of court can save time and reduce costs. However, if necessary, our estate litigation attorneys also have the experience to advocate effectively for you at trial.
How Brown & Hobkirk, PLLC Can Help
If you believe you have an estate litigation case in Arizona, having the right legal team is essential. Brown & Hobkirk, PLLC stands out as a law firm with a reputation for exceptional lawyers and exceptional results, particularly in estate litigation. We offer:
Tailored Legal Strategies
Our seasoned attorneys understand that resolving estate disputes is a challenging task. You can rely on us to listen closely to your story and craft legal strategies specific to your personal situation. We aim to protect your best interests, whether through skillful negotiation, mediation, arbitration, or zealous representation at trial.
Direct Access to Experienced Attorneys
With Brown & Hobkirk, PLLC you can count on direct access to seasoned lawyers who have successfully resolved estate disputes in Scottsdale for more than 20 years. When you work with us, you can trust that your case is in the hands of professionals who know the intricacies of Arizona estate laws and the probate process. Getting help from a knowledgeable attorney can be invaluable when working toward a successful resolution.
Flexible and Accessible Service
Your life is busy, so our law firm offers flexibility when scheduling consultations and meetings. Our attorneys can meet in person, over video call, or by phone. We work around your schedule to make the legal process as convenient and stress-free as possible.
Commitment to Your Best Interests
At Brown & Hobkirk, PLLC our commitment is to you. From our free consultation to the final resolution of your case, we provide comprehensive, client-centered, and quality legal services to deliver the best possible results.
Contact a Scottsdale Estate Litigation Lawyer Today
Take the first step toward resolving your estate dispute and honoring your loved one’s legacy. Contact Brown & Hobkirk, PLLC today to arrange your free initial consultation with a Scottsdale estate litigation attorney.