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.
Zanzibar Vermiglio
17:51 01 Feb 23
I have gone to these guys for years now. I'm so happy to my friend Allison for turning me on to them. From Real Estate Contract to business formation, they always know exactly how to engineer the right result. Beyond that, they just seem to care. Thanks guys.read more
Kimberly Just Kimberly
00:24 15 Jul 22
EXCEPTIONAL - EXCEPTIONAL - EXCEPTIONAL!SO glad I did the free consultation!I have a dear 83 year old friend, I'm his POA, and a Trustee on his Revocable Living Trust.My friend wanted to make changes to his Trust, some which were just complicated enough to cause me concern about whether his original Trust could be amended to accommodate those changes, and whether I'd legally be able to enforce those changes -- to make sure his last wishes are honored -- when he passes.Our free consultation with Andy Rahtz, was invaluable in helping sort out our concerns! I am SO grateful, for my friend's sake!Andy went through our long list of "what if" questions, and gave SUCH great advice, taking the time to walk through the pros and cons of several ways we'd considered moving forward to accomplish what my friend wants to do.I appreciated SO much Andy's direct, frank, objective legal views, and because of this call, understand the best course of action, going forward, so *I* am able to best help my friend have his last wishes honored.I can't possibly give Andy a high enough endorsement for the peace of mind and GREAT legal advice he gave. Wow. Just wow.read more
Katie Filous Malka
00:23 25 Mar 22
I had a consult with Andy today, and as an attorney myself, I really appreciated his candor, honesty on Platt & Westby's expertise, and overall assistance. While it turns out they do not handle the type of case that I have, if you are looking for lawyers with integrity, these are your people. Their consult scheduling process was also very organized and easy. Thank you all!read more
MOhamed kone
01:23 24 Jan 22
I recommended this law farm to anybody need help need a classic Mind set you should got to them if you need fight for your case or not they will not waste your time or waste your money very straightforward honest great people great customer service tell you truth is not about money it’s about trustread more
Arteemaker
14:13 04 Jan 22
The team at Platt & Westby is very professional and competent. They take the time to talk to you and come up with smart solutions. They are very hard working.read more
Steven Levy
17:04 24 Dec 21
Got a free consultation and the attorney was very helpful. Highly recommended.
Ken K
11:54 11 Oct 21
It's ok if you already know you'll win otherwise you're just suing yourself trying to communicate with them. I guess it's the same everywhere now days. Not like the old days when you were not a victim on both ends 😆read more
Ben Cook
17:05 18 Oct 19
Andrew Rahtz is the most knowledgeable and professional attorney I’ve ever met. He handled my case with care and helped me navigate the complications of my case. With him, I was able to get near 100% custody, legal decision making and child support. I cannot recommend the the legal team at Platt and Westby highly enough. Thank you Andy!read more
Dani Buskohl Cook
16:57 18 Oct 19
Thank you Andy Rahtz (and rest of the P&W team) for taking such great care of us! I highly recommend this firm, especially Andy. He helped me with both personal and business cases. He is knowledgeable and helpful and I couldn't have accomplished what I did without him.read more
Courtney Laabs
07:27 28 Aug 19
Elizabeth Westby has been my ally in a long running family law issue. She has been accessible, responsive, kind and supportive. I’m incredibly thankful I found her.read more
Ramsey Bergeron
10:37 08 Aug 18
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 incredibly helpful advice. He explained things in a way that was easy to understand and gave me hope. Extremely knowledgeable in all the different facets of law surrounding my business case, he answered any questions I had quickly, courteously, and (just as important 😉) accurately. I always felt he always had my best interest in mind and made it a priority to keep me in the loop with the progress being made on my case. I highly recommend Andy and the team at Platt & Westby! Thank you for helping me get justice!read more
Paulo Soares
01:38 11 Jul 18
Mr. Westby really knows his stuff, and gave me some excellent advice. I will be back to move forward on my situation.
Kenneth Crayton
07:30 22 May 18
RahtzHe gave me his undivided attention and seemed to genuinely care. In my experience, it has been very tedious and daunting to begin a conversation with an attorney, especially one at a law firm with other partners, etc. That is, usually law firms won't lend an ear, it seems, unless you pay $100-300 initial consulting fee, which is basically a $15 overview of your case and whether they think it's worthwhile$$$.However, not only was I surprised to see Attorney Rhatz offer a no-cost consultation, but he also kept it "real." He advised me with information that even seemed to work against his assumed interest in profit (i.e., he didn't try to exploit me for money), such as by providing me with self-help research suggestions, and even helped me put together an outline for my case.He didn't want me to lose more money winning with him (he didn't want me to spend so much money to retain him, that even if winning the case, I'd still be at a net negative dollar-loss).He gave me his undivided attention, asked questions that showed he actually paid attention, and was very resourceful with directing me towards credible sources of jurisprudence.What's more, is that he didn't throw me out after 15 minutes, but rather stayed with me until he felt I was sufficiently informed with the material and answers to questions to send me along my way.This man even read through all my notes and connected with me as a person.I also appreciated his aggressive, but civil, nature towards vanquishing the countering party. He is strategic, he is prepared to preempt the countering party's legal arguments by first calling them out himself, and sparks reassurance that he is sedulously and astutely on the case.Obviously, I would recommend attorney R Andrew Rahtz for the aforementioned reasons, despite only meeting with him one time on an preliminary consultation.read more
Melissa Keiper
00:40 22 Feb 18
I wrote in to a law message board asking about a step in my case and Mr. Peter Westby replied with some sound advice. I emailed him to thank him for his advice and shared with him I was not being represented. He offered to meet with me to go over my case and possibly about representing me. In our meeting he allowed me to give him all the details of my case and he spent a good amount of time offering advise and insight to the law pertaining to my situation. Mr. Westby was very patient and allowed me to ask multiple questions and was thorough in his answers. Because I live 2 hours away and in a different county (Tucson), and because my case will most likely go to trial and the cost of travel for him to represent me I am unable to retain Mr. Westby as my attorney. However, if this were to be taking place in Phoenix I would hire him in a heartbeat. I appreciate his willingness to talk with me and spend his time assuring me about the steps i'll need to take in my case. He was very prompt in his reply to my question and then for scheduling a phone conference to go over a case he prob knew he wouldn't be able to take given the distance.read more
Lance Wallace
16:44 04 Jan 18
I've worked with Pete Westby on a few matters over the years and I do recommend him and his firm. It is nice to talk and work directly with a principal of the firm who has both integrity and tons of experience.read more
David Hughes
17:08 08 Nov 17
Mr. Westby was great and very knowledgeable and the staff was friendly and very responsive and kept me informed every step of the way... I would and will definitely recommend Platt & Westby P.C. to friends and family.read more
John Rukavena
23:25 12 Oct 17
Meet with Peter today and was very impressed. I had a large tile job that was done improperly and was not sure if a lawsuit made economic sense. Peter was straightforward and told me that if the contractor did not have sufficent assets, a lawsuit would be risky because a favorable court decision might not result in a payout. I now know what I need to do thanks to Peter.read more
Jordan P
19:07 04 Sep 17
We went in for our free consultation regarding our legal concerns and we were very happy with our experience and outcome of our situation. Mr. Rahtz was professional, informative, and helpful. I would recommend him for anyone seeking legal counselling. Thank you to Mr. Rahtz and the rest of the team at Platt & Westby.read more
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