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Probate & Trust Litigation

While it should be a last resort, sometimes the only way to protect yourself as a personal representative or executor (the person administering an estate in Arizona), trustee, heir, devisee, beneficiary, or interested family member, is to file an action with the probate court.

What Could Lead to Probate?

Probate matters can be emotionally stressful for everyone involved. In most cases, the parties have not had time to grieve the loss of their loved one before they are thrust into battle before the court. The reasons to assert your rights can stem from:

Your parents did not place a responsible child in control of the estate.

A poorly drafted will or trust.

A family member wrongfully believing they are entitled to more than what the will or trust states.

Mistrust among family members.

Either way, if you fail to act you could lose what your loved-one wanted you to have.

An Experienced Estate and Trust Litigation Team

The litigation team at Praesidium Law focuses on estate and trust matters involved in probate court. Our years of experience lend us knowledge of what works and what doesn’t work in court. Too often, the same types of cases are litigated, and we will not need to reinvent the wheel. Together, we will discuss the available options for resolving your matter.

While it is necessary to build a strong case and prepare as if you are going to trial, there are other options to find a resolution that works for you. Your case will be handled with compassion and confidence. You will be provided with a client portal and will have twenty-four-hour access to your case calendar, documents, and communications.

Do I Really Need a Probate Lawyer?

Yes. It is extremely important to speak with an attorney as there are time limitations for contests and claims.  Moreover, evidence and assets must be preserved. Here are some of the most common causes for litigation in probate court concerning trusts and estates. This list is not exhaustive.


Lack of Capacity and Undue Influence.


Contesting a Will, Trust, or other Governing Instrument.


Contesting the Appointment of the Personal Representative (Executor) of an Estate.


Removing a Personal Representative (Executor) or Trustee.


Protecting Your Rights as a Beneficiary.


No Contest Clauses.


Claims Against an Estate or Trust.


Attorney’s Fees and Costs.


Exploitation of a Vulnerable Adult.

Praesidium Law will represent you whether you are petitioning the court to assert your rights or defending against someone bringing an action against you.  Should you have any questions about these matters or something else, feel free to call Praesidium Law for a free initial consultation.

Request a Free Consultation with Praesidium Law

To request a free consultation regarding probate or trust litigation, please complete the form.

Please do not send any specific confidential information without speaking with a member of the Praesidium Law team first (see Disclaimer below).


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