In a perfect world, all wills would be clearly written, interpreted, and honored; all trusts would be executed as written; and beneficiaries’ rights and decedents’ desires would be understood and followed. Regrettably, controversies do arise regarding wills and trusts. Executors, Personal Representatives, Trustees and other fiduciaries may exceed their authority, fail to perform a mandated duty or self-deal with the estate assets. In other cases, beneficiaries/heirs may seek a greater entitlement than delineated in a will or trust or contest the validity of the estate planning documents.
End-of-life situations are stressful for everyone involved. Divorces, remarriages, and business partnerships or other entanglements may result in sensitive situations during the process of estate administration. While planning ahead can ease some of the burdens placed on loved ones, sometimes litigation or the threat of litigation occurs during the administration or probate process.
Litigation involving estates, probate and trusts is very unique. Regular litigating attorneys are usually unfamiliar with trust and probate laws and court procedures. On the other hand, most estate planning attorneys pride themselves on having rarely entered a courtroom. You need someone who is an aggressive and experience litigator who has a keen understanding of probate and trust administration as well as probate court procedures. The probate litigators at Holland Law Group, PLLC now centrally located in Flagstaff, AZ and Snowflake, AZ, will aggressively utilize their fine-tuned litigation experience in conjunction with their thorough knowledge of probate and trust laws to provide you with the highest quality litigation representation.
In handling litigation cases, we realize that probate litigation often can be emotionally driven. Therefore, through individual attention and a high level of service, our attorneys guide our clients through every step of the litigation process.
If you are an executor, personal representative, trustee or other fiduciary, we will help you learn and understand your duties as a fiduciary so you can minimize personal liability while carrying out the wishes of your beloved departed. Throughout the litigation process, we will assist you in seeking court guidance and approval of your actions.
If you are an heir, devisee or beneficiary, we will help you to obtain copies of all pertinent documentation and other information. We will also assist you in obtaining an accounting of all of the actions taken by the fiduciary.