Scottsdale/Phoenix Will Contest Lawyer
Contesting a Will
People execute wills based upon their interest in providing for their loved ones and allowing their heirs to avoid disputes over money and property. In spite of their good intentions, testators of wills are often creating the perfect backdrop for family disputes and disagreements. This is particularly so when economic times are tough in general. These days too often family members and other potential heirs or beneficiaries are torn apart by greed and contentiousness. They are often fighting over the possible inheritance before someone close to them has died. Too often, they are unable to resolve their issues through reasonable discussion and thus stay out of the courtroom. Because litigation is costly and time-consuming, we work hard to exhaust all prelitigation discussions and negotiations before recommending a lawsuit be initiated.
The Law Offices of William D. Black is an Arizona law firm with a reputation for successfully litigating probate and trust disputes. Our Scottsdale will contest and trust litigation attorney has more than 25 years of experience processing a great variety of litigation disputes. We offer first-rate legal services promptly and at a reasonable cost. Contact us to discuss your will or trust dispute with a lawyer. We offer a free initial consultation.
Reasons for Contesting a Will
We have extensive experience processing many probate and trust litigation issues, including:
- Proving testamentary capacity or lack thereof: If the person writing the will (the testator) does not have the mental capacity to understand what he or she is doing, the will being presented will be declared invalid.
- Proving undue influence : This is a common form of elder exploitation , when a family member, friend or financial agent abuses power or the relationship to coerce or manipulate the testator. Undue influence may also be present in other situations that we can help you evaluate.
- Proving breach of fiduciary duty: This is the most common of the claims against fiduciaries and executors . Other claims can be made on the basis of general incompetence and negligence on the part of fiduciaries and executors.
- Handling intestate matters: When a person dies without leaving a will, that person is said to have died "intestate." In the event of intestacy, arguments often need to be resolved through litigation as to what is the most just and equitable distribution based upon the Arizona statutory provisions relating to intestacy.
- Challenging the validity of a will based upon lack of proper witnesses or the existence of a more recent will
- Challenging the validity of a will or provisions of a will based upon poor draftsmanship
- Proving fraud: Sometimes these cases involve involving younger women marrying older men, possibly preying on their inheritance possibilities.
We have the resources to compete with much larger firms in our ability to process these complex matters, yet we retain a comfortable, personal and individualized approach for our clients. We will take the time upfront to get to know you and the legal problems you are facing, as well as your goals in the representation, so that we can get you the optimal results based upon the circumstances.
Contact Us ∙ Free Consultations
As a potential heir or beneficiary, you may believe that you will be shortchanged or cheated in the administration of a will or a trust unless you take action to protect your rights. You may not know your rights or how an attorney can help you. This is why we offer a free initial consultation . Contact us so we can explore these subjects with you and make certain your rights are protected.