Probate Litigation
Life, simplified. Click to download our free Probate checklist
Probate Litigation
Your Trusted Probate Attorney in Tucson Offers Compassionate Representation
Probate is the judicial process by which a decedent’s liabilities are settled and remaining assets are distributed to the rightful beneficiaries. When a decedent has left behind a last will and testament prepared by an estate lawyer, the process of closing their estate is often uncomplicated. However, even if the decedent created a will, one or more beneficiaries may dispute its validity.
If you need to contest the validity of a will or launch another type of probate dispute, you can place your trust in the compassionate probate attorneys at Farhang & Medcoff. Our probate attorneys understand that this is a difficult time for you and your family. We’ll offer an empathetic ear and thoroughly review your situation before developing legal strategies that increase the chances of a favorable outcome for your probate dispute.
Common Reasons for Probate Disputes in Arizona
There are several possible reasons for probate litigation under Arizona law. One of the most common is a contested will. Arizona law establishes the conditions by which a last will and testament can be considered valid. You may dispute the validity of a will if you suspect those conditions were not met. Arizona’s required conditions for a valid will are as follows:
- The testator must have been at least 18 years of age.
- The testator must have been of sound mind. (They understood what the will meant; they understood the nature and extent of their assets and relationships; and they were mentally capable of making informed decisions about the issues decided in the will, such as legal guardians for minor children.)
- The testator created the will voluntarily, free from undue influence by others.
- The testator signed the will in the presence of at least two mentally competent, adult witnesses.
- The will must be in writing. (The State of Arizona began allowing electronic wills in 2019. Digital wills have their own requirements.)
If you believe that any of the above requirements were not met, you may have the basis for probate litigation. Although a contested will is one of the more common reasons to contact our probate attorney, it’s not the only one. Other possible reasons for probate litigation are as follows:
- Outdated documents – The most recent version of a will is the one that is legally accepted. However, litigation is sometimes necessary to determine which document is the legally binding one.
- Personal representative (trustee) misconduct – Beneficiaries might not approve of how the personal representative of the estate is fulfilling their duties. In some cases, misconduct may be indicative of potential fraud.
- Inheritance disputes – This catchall category can encompass everything from unequal division of assets to misinterpretation of the will.
At Farhang & Medcoff, we understand that probate litigation can be particularly challenging for our clients, as they are also coping with the loss of a loved one. Our probate attorneys approach these types of cases with compassion, but also with a diligent and persistent mindset toward generating favorable results for our clients.
Request a Consultation With a Probate Attorney
The probate attorneys at Farhang & Medcoff look forward to discussing your legal issues with you and working collaboratively to find a strategic solution. Please contact us today to request a consultation.
