Probate Litigation & Trust Litigation

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Probate Litigation & Trust Litigation

When disputes arise regarding the administration of an estate in probate court, litigation may become necessary. Probate litigation can be complex and difficult; however, it can also be an effective way to bring disputes to a fair and legally binding resolution. Knowing when to pursue

litigation in a probate case – or what to do when another party has pursued litigation against the estate or a personal representative – is a delicate topic well-suited to the qualified probate litigation attorney at Gillespie, Shields & Taylor.

The full range of potential scenarios under the category of probate litigation is vast.

The most common types of probate litigation cases we handle here at Gillespie, Shields & Taylor include:

Probate Litigation

Trustee or Personal Representative Litigation

A trustee of a trust or the personal representative of an estate has the duty to defend the estate against creditors who make bogus claims and beneficiaries who may have abused, neglected, exploited, or simply taken advantage of the decedent to acquire assets or rights to assets after the decedent’s death. In addition, trustees and personal representatives must defend trusts or estates against disinherited individuals or beneficiaries who believe they deserve a larger portion of the estate or trust and who challenge the Will to ensure the terms of the Will are upheld. Gillespie, Shields & Taylor can help you ensure the true wishes of the decedent are expressed and the assets disbursed correctly.

Heir and Beneficiary Litigation

Litigation can sometimes stem from disagreements between heirs or beneficiaries. Alternatively, if the personal representative or trustee has exerted undue influence upon the decedent/trustor or otherwise failed to uphold his/her duty to administer the estate or trust properly, secure estate assets, reasonably manage estate assets, inform and account to beneficiaries, treat all the beneficiaries with the same degree of loyalty, make the required distribution, or defend the estate/trust, litigation may become necessary to ensure the estate’s or trust’s proper administration. The skilled probate attorney at Gillespie, Shields & Taylor is available to help beneficiaries pursue the proper assets involved.

Creditor Litigation

Sometimes, probate litigation is begun by a party who is owed a debt by the decedent, particularly if they have been unsatisfied with the personal representative’s effort (or lack thereof) to settle the debt. It is important to note that creditors have the right to pursue compensation for debts owed by the estate, but they must undertake probate litigation according to Arizona law within specific time constraints. Whether you are owed a debt by a decedent’s estate or you believe your loved one’s estate is being unfairly pursued by a creditor, our probate lawyer in Phoenix and the surrounding areas is available to build effective, comprehensive legal solutions.

 Gillespie, Shields & Taylor Probate Law at a Glance

Probate Law Overview   |   Probate Law Administration   |   Probate Law Litigation   |   Estate Planning   |   Probate Counseling & Probate Mediation/Arbitration

Your Steadfast Advocates in AZ Probate Court

Gillespie, Shields & Taylor: Your Steadfast Advocates in AZ Probate Court

Probate law doesn’t need to be a confusing and stressful ordeal. With Gillespie, Shields & Taylor on your side, you can focus on living your life while we take care of the tedious legal details and keep your probate case on track for a positive outcome. Even if complexities like trust litigation or disputes among heirs should arise, we stand ready to offer powerful, effective legal solutions designed to meet your needs. Contact our offices today for a no-pressure consultation.

Your Probate Law Team

At Gillespie, Shields & Taylor we have over 27 years of experience in Trust and Probate Administration Law. Probate and Trust Administration can be a complicated process which involves many different legal strategies. Probate litigation can be even more disconcerting, especially if family animosity is involved. We effectively represent you and strive to keep stress between family members to a minimum. We will carefully guide you through all the legal requirements to help resolve all the legal issues.

Wayne H. Taylor

Wayne is a personable, experienced, down-to-earth attorney, who listens carefully to his clients’ needs and works tirelessly with them towards the achievement of their reasonable legal goals. As he sees it, Wayne’s duty as an attorney is to use his legal knowledge to make life a little fairer for his clients.

Learn More About Wayne

Consult with Wayne

“Mr. Taylor’s compassionate and experienced approach to estate and trust administration was a blessing during a challenging time. He helped us achieve excellent results. If you’re looking for a great attorney – look no further.”

Eloisa Kewley

5 Star Google Review, September 26, 2023

“Awesome! Everyone we met at the office was friendly and helpful. Our lawyer was patient, knowledgeable and spoke clearly where you actually understood the law! Highly recommend Wayne Taylor.”

Mame Harrop

5 Star Google Review, September 27, 2023

“We needed a probate/trust litigation lawyer who could handle our complicated case. We found Wayne Taylor, thank goodness! His dedication to our case was clear from day one. Thanks to his efforts, our dispute was resolved quickly and without a lot of stress.”

Sophronia McInich

5 Star Google Review, September 25, 2023


“I found Wayne Taylor to be a highly zealous and dedicated lawyer in my trust litigation case. His hard work and experience yielded great results. I am extremely satisfied. Thanks Wayne.”

Sena Widner

5 Star Google Review, September 25, 2023



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