Arizona Probate/Estate, Trust, and Fiduciary Litigation

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Probate & Estate Litigation

Will contests, undue influence and capacity claims, disputes with personal representatives, creditor and beneficiary rights, contested probate proceedings, and related or other claims across Arizona.

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Trust Litigation

Trust contests, trust interpretation and enforcement, trustee removal and surcharge, accountings, beneficiary rights, and trust modification or termination.

Scales of justice representing estate and trust dispute legal services in Arizona.

Fiduciary Litigation

When a trustee, personal representative, agent under a power of attorney, guardian, or conservator breaches a duty, we pursue the claim or defend the fiduciary.

Arizona Guardianships & Conservatorships

Guardianships & Conservatorships

Contested and uncontested appointments, objections, removal, and less restrictive alternatives for adults who can no longer manage their personal or financial affairs.

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Financial Exploitation of Vulnerable Adults

Claims under Arizona's Adult Protective Services Act for misuse of a vulnerable adult's money or property, with double damages and fee awards available. We also defend those accused.

Why Berk Law Group

Berk Law Group has served Arizona clients since 1996 and focuses on one thing: litigation involving probate, trusts, estates, guardianships, conservatorships, fiduciaries, and the financial exploitation of vulnerable adults. We represent beneficiaries, heirs, and families on one side of these disputes and personal representatives, trustees, agents, guardians, and conservators on the other, so we understand how each side builds its case. You work directly with an experienced attorney throughout. The firm is AV Preeminent rated by Martindale-Hubbell, and our attorneys have been recognized by Super Lawyers.

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Proud to Serve Scottsdale and All of Arizona

Berk Law Group, P.C. represents clients throughout Maricopa County and across Arizona, from Scottsdale, Phoenix, Mesa, Tempe, Glendale, and Chandler to Flagstaff and Prescott. Probate, trust, guardianship, and related matters are filed in the Superior Court of the county where the decedent or protected person lived, and we appear in courts statewide. Wherever you are located, you receive the same hands-on attention from our Scottsdale office.

What Our Clients Say

Professional and Reliable

Kent and his team were very professional and reliable. They assisted me with my father’s probate during a difficult time of loss and grief. Our case had a challenging opposing party, but this team handled it in a strong and confident manner. I would recommend them for any litigation regarding probate, as their legal team is well versed with this subject and are willing to put in the time and effort to fight for you/your loved ones.

– Chelsea Denny

Treated Like Most Important Case Ever

Everyone at Berk Law Group treated us as if this was there most important case ever. Anytime question arose someone from their team was always available to get us answers. If you are ever involved in a high stakes case Berk Law group is the only one I would trust to get us through to the other side of this ordeal.

– Arthur Lewison

Highly Recommended

Berk Law group has been representing me for over 4 years. They assisted me with a very complicated legal proceeding to help an elderly family member who was being exploited. I cannot say enough great things about the staff and my attorney. I did see other reviewers comment on attorney fees. I am not sure your lawyer is where you want to skimp. As the old adage says, you get what you pay for, and the customer service and legal expertise are priceless. I felt my attorney and his legal staff were very knowledgeable, which put my worries at ease. I highly recommend Berk Law Group!!!

– Crystal Stanley

Expertise

We had a legal matter 13 years ago and hired Kent and his team to resolve it. He did so with expertise and it was resolved in our favor. We’ve been working with him all these years as the resolution played out. We are extremely pleased with him and his team and would definitely choose to work with him again if needed.

– Carol Kestler

Frequently Asked Questions

What is the difference between probate litigation and probate administration?

Probate administration settles an estate that no one is contesting. Probate litigation...

Probate administration settles an estate that no one is contesting. Probate litigation is a dispute inside that process: a will contest, a claim against the personal representative, or a fight over who inherits.

Arizona Probate and Estate Litigation

How much does probate cost in Arizona?

Cost depends on the type of probate, the size of the estate,...

Cost depends on the type of probate, the size of the estate, and whether anyone contests it. An uncontested informal probate is far less expensive than a contested one.

How Much Does AZ Probate Cost

Can I contest a trust in Arizona?

Yes. A trust can be challenged for lack of capacity, undue influence,...

Yes. A trust can be challenged for lack of capacity, undue influence, fraud, or improper execution, and a trustee can be removed or surcharged for breaching duties. Deadlines apply, so act promptly.

Arizona Trust Litigation

What are the warning signs of financial exploitation of a vulnerable adult?

Unexplained withdrawals, new names on accounts or deeds, sudden changes to a...

Unexplained withdrawals, new names on accounts or deeds, sudden changes to a will or trust, unpaid bills despite adequate funds, and a caregiver who isolates the adult.

Financial Exploitation of Vulnerable Adults

When does someone need a guardian or conservator in Arizona?

When an adult can no longer make or communicate responsible decisions about...

When an adult can no longer make or communicate responsible decisions about personal care (guardian) or finances (conservator) and no less restrictive option, such as a power of attorney, will work.

Arizona Guardianships and Conservatorships

What are non-probate assets?

Assets that pass outside the will, such as joint accounts, accounts with...

Assets that pass outside the will, such as joint accounts, accounts with a designated beneficiary, and trust property. They can still be the subject of a dispute.

Non-Probate Assets and Designated Beneficiaries

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Serving Scottsdale and All of Arizona

 

Our team of Scottsdale lawyers provides the attentiveness, personalization, accessibility, and creativity available in a small firm environment. We combine that with our many years of diverse experience.

If you are facing a legal matter in Scottsdale, Arizona, or anywhere within the state, contact Berk Law Group, P.C. We will apply our experience, vigorous work ethic, and dedication to service to your situation.