Probate Litigation

Years of Experience Representing Probate Dispute

JDR LAW is located in Phoenix, Arizona, and represents clients throughout the state of Arizona in probate litigation matters. In doing so, we have years of experience representing all sides of a probate dispute.

A probate dispute arises out of a probate estate. Generally, a probate estate consists of any property belonging to the deceased person that does not have a beneficiary designation or property that is titled to the deceased person, individually. In these cases, the property must be probated for distribution to devisees of the deceased persons Last Will and Testament, often referred to as a Will.

Different Circumstances We Represent

JDR LAW represent clients in probate litigation /will contests under many different circumstances, including:

• Undue influence of another person overtaking the Testator’s (the person executing the Will) wishes;
• Alleged lack of capacity by the Testator to execute the Will;
• Interpretation or intent of the Testator and their wishes documented in the Will;
• Enforcement of a holographic Wills (hand written Wills)
• Forgery of estate planning documents;
• Spousal rights;
• Questions of validity of a Will due to required formalities of execution.

In addition, JDR LAW represents beneficiaries to enforce their rights under the terms of a Will or through intestate succession (where there is no Will). Our representation for clients include:

• Obtaining information on behalf of beneficiaries related to a beneficiaries interest in the Estate;
• Ensuring the proper marshaling (fancy legal word for collection) of Estate assets;
• Ensuring and enforcing proper distributions by the Personal Representative;
• Litigation related to who should serve as Personal Representative;
• Ensuring proper accounting of Estate assets and enforcing any potential wrongdoing with swift legal action;
• Enforcing the Personal Representative’s fiduciary duties; (breach of fiduciary duty section)
• Reviewing accountings of Estate assets to ensure proper accountability of all assets.

Your case is personal to us. Every case has different facts and we handle every case with a unique approach to resolving your specific needs. Contact JDR LAW today with questions related to your Will contest or Probate Litigation.