Phoenix Trust Litigation Lawyer
Law Firm Litigating Trust Issues
We have been representing clients in their probate and trust-related litigation since 1979. Will and trust disputes often present complicated legal and factual issues, but we have the knowledge, experience and skill to properly evaluate your case and get you the best results possible. In many situations, we are able to resolve disputes without going through extensive and costly litigation. Whenever practical, we attempt to resolve disputes through mediation or other forms of alternative dispute resolution. If litigation is necessary, we will fight vigorously for your cause.
At The Law Offices of William D. Black , we are a small law firm with a commitment to first-rate personal, individualized service. We always take the time to get to know our clients and their legal needs. We work to tailor our services to client needs and are respectful of our clients' pocketbooks. We process cases on an hourly fee basis and in some instances may consider representing clients on a contingency fee basis. Clients are ordinarily responsible for the costs of the legal proceeding (i.e., filing fees, deposition costs, witness and expert witness fees, copying charges, etc.), but in some cases we advance those on behalf of the client and recover them upon resolution of the case.
This small, boutique law firm approach allows us greater flexibility in pursuing clients' interests. We can retain the best expert witnesses and support personnel possible for the case at hand. Scottsdale/Phoenix trust litigation attorney William D. Black has more than 25 years of experience in all types of litigation matters. Let his experience and proven results go to work for you.
Issues in Trust Litigation
When a probate or trust dispute cannot be resolved through negotiated settlement discussions or informal mediation, The Law Offices of William D. Black will represent you in the resulting litigation. We process trust litigation issues that include:
- Draftsmanship: Some beneficiaries challenge a trust because it was poorly written, unclear or includes illegal provisions.
- Undue influence : This is a common issue in the category of elder exploitation , when a party uses anything from emotional manipulation to physical intimidation or coercion to make the drafter of a will or trust document change the document in the perpetrator's favor.
- Breach of fiduciary duty: This is one of the most common claims against fiduciaries and executors . The trustee has a clear duty to always act in the principal's best interest.
- Disputes over trust reformation
- Removal of trustees
- Trust accounting practices
- Trustee misconduct
- Trust contests
- Lack of testamentary capacity
- Misappropriation of assets
- Disputes with third parties, such as creditor or business associates with claims against the trust
Contact an Arizona Trust Contest Lawyer for a Free Initial Consultation
Many beneficiaries or creditors who are having trouble with the interpretation of the terms of a trust or its administration simply don't know their rights. When you contact us for a free initial consultation , you can talk with an attorney who will help to evaluate your legal rights and options.