At Buntrock Law, our skilled estate litigation lawyer understands the emotional challenges that come with matters of trust and estate litigation. Often times, it may be necessary to go to court to challenge the validity of a Will or Trust. The reason for this is to make sure that the terms of a Will or Trust are properly administered or to recover money or property improperly taken by someone not authorized to do so.
The Buntrock Law firm represents trustees of trusts, personal representatives of a will or beneficiaries of the trust or will. People that contact the firm are many times unaware of their rights to estate information, their obligations and what recourse they may have against the estate, trust or a family member. Sometimes, a family member may have taken advantage of a vulnerable parent or grandparent. Arizona has some aggressive laws that are designed to protect vulnerable adults and prevent others from taking advantage of them.
The validity of a Will may be challenged if it does not meet minimum legal requirements. A properly executed Will requires that the deceased and two legitimate witnesses sign the documents and attest to the Will’s authenticity. Any person offering the Will for Probate must provide clear and convincing proof that the Will is valid and might need to produce the witnesses that originally attested that the Will was and is a legitimate document.
Even if a Will or a Trust was properly executed, the validity of the Will or Trust can still be challenged based on the state of mind of the person making the Will or Trust. Under Arizona law, a Will or Trust signed by a person under duress or undue influence, due to mistake or fraud, or while the signer lacked the mental capacity to understand his or her actions can be deemed to be invalid.
Trust and Estate litigation will often involve heightened emotions as financial matters and interests cross swords with family dynamics. It is the job of the representing attorney to bring the right experience and objectivity and to review each matter and gather as many facts from the client as possible. By doing so, one can determine the best course of action or cost-effective solution.
Over years of providing trust and estate litigation services, Buntrock Law recognizes that trust and estate litigation in Arizona can become an expensive endeavor. The firm works with clients on a case-by-case basis. In some circumstances where liquidity is present, facts are understood and a strong claim exists, the firm will structure a working relationship with the client to reduce or defer fees and receive compensation at the end of litigation process.
Buntrock Law’s estate and trust litigation experience goes beyond client work. Shane D. Buntrock, the firm’s founder, has personally dealt with probate issues within his own family. Through his own experience, Shane takes extra care in helping people and families in these sensitive trust and estate matters. His strategy is to try to find the best position of strength in each estate matter in order to push proactively for resolution. It is the firm’s end goal is to help to bring closure to the families.
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