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Arizona Probate Disputes

Administering The Estate Through Probate

When an individual passes away with assets titled in his or her name, probate is usually necessary to administer those assets and address outstanding debts and claims against the individual's estate. Probate can be a lengthy process that becomes even more expensive and time-consuming when it is complicated by will contests and other probate disputes.

Sometimes Disputes Arise During The Process of Probate

Our probate lawyers at Platt & Westby, P.C., represent individuals, families and estates in all Arizona probate matters, including estates in which there are probate disputes among family members or other heirs of the deceased person ("decedent"). We focus on resolving probate issues efficiently while preserving the true intentions of the decedent and, to the extent possible, preserving family relationships.

Probate disputes can arise from any number of situations:

  • Will and trust contests: Will disputes and trust contests frequently arise when a family member is disinherited or when siblings receive unequal inheritance. Looking at factors such as undue influence or duress is one way to contest the will. Asking if the will or trust was established or modified at a time when the decedent lacked the capacity to make such decisions? Was the estate plan changed just before the decedent's death? Was the person benefiting from the change in the estate plan also the caregiver of the decedent before death? These are the types of questions that if the answer is "yes," may give rise to a will contest.
  • Intestate disputes: When an individual dies without a will or estate plan (dies intestate), Arizona intestate laws designate how property shall be distributed to heirs. However, the court may determine that an heir has forfeited his or her right to inherit in certain cases. Financial misconduct, fraud, undue influence, physical abuse and murder could cause an individual to forfeit his or her right to inherit.
  • Fraudulent distributions prior to death: Assets that are given away prior to the decedent's death may be questioned during the probate process. Was the family home given to a child who spent considerable time with the decedent prior to his or her death, while other children were excluded from such gifts? Was the decedent suffering from dementia, Alzheimer's, or other mental illness or disease when the gifts were made? Were family heirlooms given to a caregiver or another individual under duress? Was elder fraud or financial misconduct being committed by the decedent's power of attorney or joint account holder?
  • Other probate disputes: While the majority of probate disputes center on inheritance issues, any pending litigation must be resolved before the estate can be closed and distributions made to heirs. This includes personal injury litigation, business disputes and other civil litigation.

Speak With A Knowledgeable Attorney

Our probate attorneys at Platt & Westby, P.C., are available to answer your questions and provide you with an honest assessment of your case. If you are looking for an experienced probate dispute attorney, contact us or call 602-277-4441 to schedule an appointment to discuss your matter. We have been serving Phoenix area residents for over 40 years and are proud to offer six convenient office locations throughout the Phoenix area. Call today.

If you have a probate question, contact us. We can help.


Platt & Westby
4.5
Based on 11 Reviews
Darla M.
2018-01-13 20:16:45
Mr. Westby was a great help to me when I needed to work through my father's probate. He was very knowledgeable and spot on explaining my options and how to...
Brianna S.
2017-08-17 16:55:01
I met with Peter Westby for a free consultation for a real estate issue and I have nothing but nice things to say about him. He is very calm, reassuring and...
Cathy C.
2017-10-25 03:56:46
I researched Mr. Wesby's credentials before taking my family members to him. I wanted the best lawyer to represent my family fairly. I have taken four of...
Gina C.
2018-04-05 16:08:02
I must say that I am very impressed by the professionalism of this firm! Starting with the receptionist who answered promptly listen carefully and set up a...
R B.
2018-08-08 03:40:01
I was referred to Andy Rahtz by a mutual friend to review a situation that I was told by other firms would be fruitless. Right from the start, Andy gave me...
Mike-Kris M.
2018-08-08 14:26:30
Mallory Powers was an excellent attorney for us and communicated like she cared about our situation and wanted clear justice.
Kris M.
2018-08-10 07:25:59
I hired this firm to resolve a property dispute. Mr Peter Westby gave some very good advice during the initial (free) interview and did not pressure me to...
Nathalie L.
2018-08-23 12:09:30
Elizabeth Westby is an amazing woman and attorney. We discussed with her during a consultation about a property that is rightfully ours. She helped us...
Marissa S.
2018-09-01 13:38:00
Elizabeth Westby is top notch! She helped us with a real estate issue promptly and efficiently. She made herself available and made what was a precarious...
John I.
2018-09-18 02:50:33
I live out of town and had contacted Platt and Westby and was referred to Andrew Rahtz. We had an initial consultation to discuss the viability of my case...


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