Will & Trust Contests in Phoenix, AZ
Challenging a Will or Trust
If you are a named beneficiary or have a direct interest in an estate, you may be able to challenge a will or trust if you believe it is invalid or is being mismanaged in some way. Will and trust contests offer a chance to set things right, so your loved one’s estate is managed in the way he or she wanted.
At Taylor & Lihn, PLLC, we represent clients in Phoenix and the surrounding areas who are interested in challenging or defending a will or trust. Our experience with probate and trust administration and litigation gives us a definite edge in any case we handle, as we can anticipate potential issues and present our clients’ cases intelligently and persuasively.
Our team handles will and trust contests involving:
- Undue influence, which occurs when a person is subject to fraud, influence, or coercion in the drafting or signing of a will or trust. A portion or all of a will or trust may be stricken if it is discovered that fraud, coercion, or undue influence were involved. Instances of elder abuse or financial exploitation may also offer grounds for a will or trust contest.
- Lack of capacity, which occurs when a will is drafted or signed or a trust is established when a person does not have proper mental capacity to know and understand the nature of the act, the value of the property involved, the persons involved, and other key matters.
- Defective will or trust, which involves situations where the will or trust itself is considered “defective” and therefore invalid. An example may be a will that is unsigned or undated. In situations involving handwritten or other nontraditional wills or trusts, the courts may intervene to determine whether the document is valid.
- Breach of fiduciary duty, which occurs when a trust or estate administrator acts in violation of their fiduciary duty, which is to act in the best interests of the trust or estate and in accordance with the decedent’s wishes and intentions.
To learn more, continue reading or give us a call at (602) 900-9860 for a free consultation.
How Long Do I Have to Come Forward & Contest a Will?
In Arizona, you typically have two years to challenge a will. If you do not come forward within this time period, you may lose the right to do so. There are some exceptions, however, so we recommend talking to an attorney about your situation. If fraud is alleged, for example, you may have two years from the date that the fraud was discovered to contest the will.
Will vs. Trust Contests
Trusts and wills may be challenged for similar reasons, such as lack of capacity or undue influence, but the process is slightly different. A will contest is brought in connection with the administration of an estate. A trust contest is an independent complaint or petition filed in civil court.
Involve an Experienced Phoenix Will Contest Attorney
If you have questions about challenging a will or trust, you can find the answers you need when you involve Taylor & Lihn, PLLC. Serving the Phoenix area, our will and trust contest lawyers have over 30 years of experience and put this to good use as we fight for our clients’ interests in these complicated and often emotionally charged cases.