Estate Litigation Lawyers in Phoenix

Intense disputes may arise over the distribution of a loved one’s assets and estate after their death. Questions often revolve around the deceased’s intentions or allegations of unfair or improper behavior. Disagreements over wills, trusts, and estates can involve complex legal and financial issues that may only be resolved through estate litigation. Seeking guidance from a skilled estate lawyer is crucial to learning your legal options in Arizona.

For over 20 years, the Phoenix estate litigation attorneys at Brown & Hobkirk, PLLC have successfully represented clients in legal disputes involving wills, trusts, probate, and other estate planning matters. When you choose our firm to handle your case, you work directly with a seasoned lawyer with extensive legal experience, not a junior attorney or paralegal. Our estate litigation lawyers will take the time to listen to your story, understand your needs and goals, and tailor a case strategy with your best interests in mind.

Ready to learn how our estate litigation lawyer can help? Call or contact us today for a free consultation* with a trusted estate litigation lawyers in Phoenix.

What is Estate Litigation?

Estate litigation refers to lawsuits filed in disputes over the terms of a will or the disposition of assets in a deceased person’s estate. When a party with an interest in an estate — such as a potential beneficiary or a creditor of the decedent or estate — disagrees with what happens to an estate during probate, they can file a lawsuit to challenge the actions. If a court rules in their favor, they could be awarded equitable or monetary relief.

Estate litigation strains families during an already difficult time. However, it is sometimes necessary to clarify issues and ensure the deceased’s wishes are carried out. A knowledgeable estate litigation lawyer can advise on the strength of your claims and prepare an effective case strategy for you.

Common Estate Litigation Issues in Phoenix

Estate litigation can arise from various disputes over the administration of an estate, such as:

Will contests, including challenges to the validity of a will, allegations that a decedent revoked or superseded the will presented for probate, or challenges to the decedent’s testamentary capacity when they signed the will
Undue influence, which may arise if an individual was coerced to alter or create a will, trust, or other estate planning document by someone who stood to profit from the deceased’s assets, such as a beneficiary
Powers of attorney, if a person granted power of attorney acted unethically or abused the trust of the decedent
Challenges to the validity of gift transfers, which refers to transfers made by a decedent before their death, including whether the decedent intended to defraud creditors or improperly disinherit beneficiaries
Questions over title/ownership of property, such as disputes between a decedent’s trust and estate
Disputes over ownership of financial accounts, including pay-on-death/transfer-on-death accounts
Requests for an accounting, in which personal representatives must document the actions and financial transfers undertaken on behalf of the estate
Petitions to remove a personal representative, alleging negligence, incompetence, or breach of fiduciary duty
Actions to recover estate assets, such as property that a family member is unwilling to turn over
Litigation against the estate filed by third-party creditors, such as actions to recover outstanding debts
Intestate succession, if the loved one died without a will and inheritances are distributed according to Arizona law

Whether you are involved in an inheritance dispute, alleging financial exploitation, have questions about the trust administration process, distributing assets, or other matters, a Phoenix, AZ estate lawyer from Brown & Hobkirk, PLLC can help.

The Role of Estate Litigation Lawyers

Estate litigation lawyers are crucial in resolving disputes or lawsuits between heirs and family members or between a beneficiary or creditor and the estate. First, they assist their clients by reviewing the details of a dispute to assess its validity and the strengths and weaknesses of each side’s case. Then, they can advise whether estate litigation is the best path toward resolution or whether out-of-court options such as alternative dispute resolution (ADR) could be beneficial.

Estate litigation lawyers also represent their clients in court. Litigation requires following strict court rules and procedures. Failure to comply with these protocols may result in the court dismissing claims or the entire case regardless of its underlying validity. For this reason, attorneys must ensure their client’s case complies with court rules and orders. They also have the knowledge and experience to present a compelling case to the judge hearing the case. Estate disputes rarely go before a jury.

Estate litigation lawyers can help their clients reach an acceptable outcome through a negotiated settlement, avoiding a situation where the trial judge ultimately decides the dispute for them. Settlements have several advantages over pursuing a judgment in court, including:

Ending the case more quickly and reducing legal expenses
Preserving confidentiality, since the terms of a settlement can be kept private
Keeping any resolution of the dispute in the parties’ hands and seeking compromise rather than relying on a judge to come to a determination that may not be mutually satisfactory

Lawyers can help clients negotiate settlements by assisting them in determining their primary objectives, suggesting potentially acceptable solutions, advocating their client’s position at the negotiating table, and evaluating proposed settlement terms.

Contact a Phoenix Estate Litigation Lawyer Today

Estate disputes can be complicated, distressing, and disruptive for families. If you need help managing a challenge to your loved one’s estate, the Phoenix estate litigation attorneys at Brown & Hobkirk, PLLC can discuss strategies to achieve your goals with as little stress as possible. Put us to work for you today. Contact our law firm now for a free consultation* with our estate litigation attorneys.