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Probate, Estate and Trust Disputes


Phoenix Estate, Probate and Trust Disputes

With over 20 years of experience handling estate, probate and trust disputes, John R. Fitzpatrick has earned a reputation for providing exceptional legal representation to clients involved in these complex, often contentious cases.

Estate and Probate Disputes

Once probate process has started, several kinds of disputes can arise.  Often, estate and probate disputes, more commonly thought of as “inheritance disputes,” involve a challenge to, or contest of, the will itself.  There are many types of disputes, but among the most common are questions about whether the will, or a portion of it, is even valid, whether a relative left out of the will is entitled to any of the deceased person’s estate, and how to interpret the meaning of ambiguous words and phrases used in a will.  Mr. Fitzpatrick has extensive experience handling a wide variety of estate and probate disputes, including:

  • Incapacity
  • Undue influence and duress
  • Exploitation
  • Will interpretation
  • Asset distribution disputes
  • Creditor Claims
  • Heirship challenges
  • Omitted spouse and child issues

Trust Disputes

As the use of family trusts as estate planning devices has increased, so has the number of disputes arising out of these trusts.  Even trusts prepared by qualified counsel can give rise to disputes, but more often, problems arise by a trust prepared without the benefit of legal counsel.  Regardless of the source of the document, trustees have fiduciary duties to act in the best interest of the trust beneficiaries.  Sometimes those duties are in conflict with each other, and sometimes those duties conflict with the trustee’s personal desires.  Mr. Fitzpatrick has experience handling these disputes as well as a wide variety of trust-related disputes, including:

A new Trust Code took effect in Arizona in January 2009.  Mr. Fitzpatrick has invested the necessary time to become familiar with these changes in the law so that he can continue to provide his clients with exceptional and innovative legal representation.

Seek Experienced Legal Representation

If you are involved in a probate, estate or trust dispute, it is important to seek representation from an attorney experienced in these complex matters and familiar with the most up-to-date changes in this dynamic area of law.  To schedule a consultation to discuss your case, contact John R. Fitzpatrick, Attorney At Law by e-mail or call us at 602-277-2010.