Probate Litigation – Estate Planning and Probate Attorneys
When a person drafts a will or creates a trust, they make a statement about how they want their property to be distributed upon the event of his or her passing. Many wills and trusts accomplish their intended purposes without any problems. Sometimes, however, family or friends of the testator or settlor disagree about what the provisions of a will or trust mean. At other times, the meanings of the provisions of a will or a trust are clear, but the family or friends of the settlor or testator question the circumstances under which the will or trust was created. Whenever there is any type of dispute over a probate matter, it is important that the parties seek help from an experienced probate litigation attorney. The Phoenix probate litigation attorneys at My AZ Legal Team, PLLC are strong and effective advocates who present convincing arguments on behalf of their probate litigation clients.
Disputes over Meaning
Sometimes, despite a testator or settlor’s best efforts to make their wishes clear in the will or trust that they created, the provisions of these documents appear unclear or confusing to those who read it. Unfortunately, at that point, the one person who knew for certain what the terms were intended to mean is no longer available. The best that the affected parties can do is present evidence to the probate court in support of their position regarding the meaning of one or more of the provisions of the will or trust, and evidence which would negate an alternative interpretation of that same provision.
Disputes over Circumstances
In order for a will to be valid, the testator must have been competent at the time that he or she made the will. Will contests often involve allegations that the testator was not competent at the time that the will was made. Clients who wish to have a will invalidated for lack of competence must present information to the court that would support a conclusion that the testator was incompetent at the time that the will was made. Conversely, parties who want the will to be declared valid must present evidence of the testator’s competence at the time that the will was made.
Wills and trusts must be executed freely and willingly by those who draft them. Sometimes, individuals will exert pressure on a testator or a settlor to include provisions in a will or trust that will be favorable to them. When a will or trust is created under these circumstances, it is possible that the decedent was subjected to such pressure, also known as undue influence. The good news is that a will or trust can be set aside if it can be proven that they were created pursuant to undue influence.
Experienced Arizona Probate Litigation Attorneys Serving Clients throughout Phoenix
When something seems questionable about a will or trust which was made by someone that you love, you need an experienced probate litigation attorney to help you now. He or she will get to the heart of the matter and establish a clear meaning of confusing terms or have a will or trust declared valid or invalid, depending upon the circumstances under which either was created. The estate planning
and probate attorneys at My AZ Legal Team, PLLC are here to assist you, twenty four hours a day, seven days a week. When you call us at (480) 947-1403, you can rest assured that your matter is being handled exclusively by an experienced probate litigation lawyer.