Probate & Trust Litigation

Scottsdale Probate and Trust Litigation Lawyers

Serving Clients Throughout Arizona and New Jersey

At Ambrosio & Tomczak, Attorneys at Law, we provide results-focused legal services for clients involved in complex probate and trust lawsuits. Guided by a commitment to personalized attention and strategic trial preparation, we assist clients in resolving disputes over estates, trusts, and asset distribution.

Protect your family’s future and legacy. Reach out to us online or call us at (602) 207-8672 to explore your options for resolving challenging probate and trust disputes.

What Is the Difference Between Probate and Trust Litigation?

Probate litigation arises when conflicts emerge while carrying out a decedent’s will. These disputes often involve determining the validity of the will, addressing issues with executors or administrators, and resolving disagreements among beneficiaries.

Trust litigation, on the other hand, focuses on disputes related to the administration of a trust. Beneficiaries, trustees, or other interested parties may experience disagreements over mismanagement of assets, breaches of fiduciary duties, or ambiguity in the trust’s terms.

Common Probate and Trust Litigation Disputes

Appointment or Removal of Executors and Administrators

In Arizona, executors and administrators have a legal duty under A.R.S. § 14-3203 to manage an estate fairly. Disputes often emerge when questions arise about their qualifications or impartiality. These cases examine whether the executor or administrator is acting in good faith and fulfilling their fiduciary duties.

Will and Trust Contests

Will and trust contests center on whether a testamentary document accurately reflects the decedent’s intentions. Disputes may arise due to claims of undue influence, where a party is alleged to have manipulated the decedent; fraud, involving deception in the creation or modification of the document; or lack of mental capacity, which questions whether the decedent understood the implications of their actions.

Trust Administration Disputes

Trustees are responsible for managing trust assets and distributing them according to the terms of the trust, but disagreements can occur over how these duties are performed. Disputes often involve claims that the trustee has mismanaged assets, failed to make appropriate distributions, or misinterpreted the trust’s instructions.

Breach of Fiduciary Duty

Fiduciary duty requires executors and trustees to act with loyalty, care, and honesty when managing an estate or trust. A breach of this duty occurs when they engage in misconduct such as misappropriating funds, acting negligently, or failing to avoid conflicts of interest.

Creditor Claims

Creditor claims in probate and trust administration involve the resolution of debts owed by the estate. Disputes often arise over the legitimacy of creditor demands, the prioritization of debts, and the adequacy of payment plans.

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Solutions Tailored to Your Business

Personalized Legal Strategies

We focus on creating strategies tailored to your specific goals, offering dedicated service that adapts to your unique needs.
Former Prosecutor Experience

Greg Tomczak brings a prosecutor’s insight and tenacity to every case, using his knowledge of government tactics to your advantage.
Preparing Every Case for Trial

We approach every case as though it’s headed for trial, ensuring a strong position for negotiation or courtroom proceedings.
Complex & High Profile Cases

Our team handles intricate legal matters with precision and determination, whether managing disputes, investigations, or litigation.

When Should You Pursue Probate and Trust Litigation?

Probate and trust litigation may be necessary when you notice red flags suggesting that an estate or trust is not being handled fairly or lawfully. Below are some common warning signs that could indicate deeper issues requiring litigation to protect your interests or those of the estate.

Suspected Fraud or Forgery

If you suspect that estate documents, such as a will or trust, have been altered or forged, this could be a sign of fraud. Look for inconsistencies in signatures, sudden changes in the document’s terms, or missing pages.

Undue Influence

Undue influence can occur when someone pressures or manipulates a vulnerable person into changing their estate plan. Warning signs include unexpected changes in favor of a single individual, especially if that person had a close or controlling relationship with the decedent. Other indicators include secrecy around the drafting of documents or isolation of the decedent from family members.

Mismanagement of Assets

Mismanagement of assets by an executor or trustee can deplete the value of an estate or trust, harming beneficiaries. Issues such as unauthorized expenditures, poor investment decisions, and a lack of transparency in financial reporting can lead to litigation.

Omissions or Questionable Additions

Be cautious if you notice unexpected changes to a will or trust, such as sudden exclusions of beneficiaries or last-minute additions that seem unusual. These changes may have been made under suspicious circumstances, especially if the decedent’s health or mental capacity was in question at the time.

Asset Concealment

Asset concealment occurs when someone intentionally hides or fails to report estate assets, which can distort the distribution process. Warning signs include missing items from an inventory of assets or discrepancies in financial records.

If you suspect misconduct, it is critical to act quickly. Arizona law enforces statutes of limitations for probate and trust claims, which could prevent you from taking legal action if you wait too long.

What Our Probate and Trust Litigation Lawyers Can Do for Beneficiaries, Executors, and Trustees in Arizona

Aggressive Representation in Court: Our firm is prepared for trial from day one. We present well-built cases to the court, highlighting the evidence and law that supports our clients’ positions.
Thorough Document Reviews: We conduct meticulous examinations of estate plans, trust documents, and financial records to uncover inconsistencies or legal vulnerabilities.
Fraud or Mismanagement Investigation: Through relevant research, expert consultation, and diligent review of financial records, we identify fraud or mismanagement.
Knowledgeable Interpretation of Wills and Trusts: Legal language in estate documents can leave room for argument. We advocate for an accurate understanding of the deceased’s wishes.
Document and Deadline Management: The probate and trust process is driven by deadlines. We ensure all filings, notices, and other requirements are completed correctly and on time.

Your Legal Advocates for Fair Distribution

Ambrosio & Tomczak, Attorneys at Law boasts a track record of resolving complex disputes for individuals, families, and businesses alike. Backed by experience in managing high net worth estates and high-stakes cases, we prepare each case thoroughly and deliver personalized, results-driven solutions that protect our clients’ interests.

Work with our probate and trust litigation attorneys to take control and achieve the justice you deserve. Call us at (602) 207-8672 or send us a message online today. We accept cases in Scottsdale, Phoenix, and throughout Maricopa County.

See Our Recent Wins

Our Strategic Commitment to Our Clients Yields Big Results

Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.

Received Fair Share Trust & Estate Litigation
Plaintiff in a $4.5 Million estate litigation wherein our client sued his brother and only coheir to the estate for refusing to submit to a valuation of the estate assets.
Favorable Settlement Trust & Estate Litigation
The trustee filed a countersuit seeking to disinherit our client, based upon a no-contest clause set forth in the trust.
$3 Million Trust Litigation Trust & Estate Litigation
A beneficiary of a testamentary trust, valued in excess of $3 Million, in litigation seeking to remove his sibling as trustee.

View All Results

Where Big Firm Power Meets Personal Service

When Winning Matters, Ambrosio & Tomczak Delivers

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