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.

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.

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.