Probate Litigation, Lawsuits And Disputes
In theory, wills and trusts are simple documents and entities that can lay out property owners’ wishes for their assets both prior to and after death. In reality, wills and trusts can be highly complicated, and disputes over their meaning and the circumstances under which they were created are very common.
At the Phoenix law firm of Gorman Law Group, PLC, we have handled numerous probate litigation cases and have successfully protected millions of dollars in combined assets for probate litigation clients. We are in court weekly and commonly handle probate litigation cases involving:
- Competency issues: When the details of a will or trust are disputed based on the mental and emotional competency of the document’s creator
- Undue influence: When the creator of a will or trust is pressured into creating or changing a document and doesn’t understand the implications of their actions; often effectively accomplished in conjunction with competency issues
- Questionable will changes: Often occur just days before death, are in someone else’s handwriting or were properly and legally witnessed
- Incompetent or dishonest executors: Those who allegedly invest trust monies incorrectly, fail to follow asset distribution rules and laws and misallocate funds
We know our clients have a lot of questions about these matters, which is why we have taken the liberty of answering some of the more common ones, below.
What Are The Outcomes Of Probate Litigation?
These cases often resolve in one of three ways: deeming the will valid or invalid, or settlement. If the will is valid, the probate process will continue as expected. If the will is invalid, the related assets will disperse according to Arizona law. Lastly, the litigation can reach a settlement where the disputing party receives compensation and drops the case.
How Long Does Probate Litigation Take?
Typically, probate cases can last between a few months and a year, with some of the most complex cases taking several years. Our goal as your legal representation is to settle your probate case in as little time as possible to help you secure the outcome you deserve.
What Is The Probate Litigation Process?
The list of steps that it takes to initiate and resolve a litigation matter includes filing a complaint; serving the petition to the defendant; the defendant filing an answer to the lawsuit; gathering information for the case during a discovery period; exploring alternative dispute resolutions, like a settlement; making dispositive motions that ask a court to dismiss the case; and taking the case to trial. When you choose us to represent you, you will have a lawyer who will stand for you through every step of your case, no matter where you are in your claim when you come to us, and your attorney will help you to the very end.
If you believe a will or trust was created or changed illegally or unfairly, or that a trust has been intentionally or unintentionally mismanaged, contact us at Gorman Law Group, PLC for a no-charge discussion of your case and experienced and effective legal representation. Call us at 623-278-6102.