FAQs

When someone dies without close family, professional “heir hunters” or locator firms may track down missing heirs and demand a large percentage of their inheritance in return. These contracts often cause conflict in Arizona probate cases. Below, our attorneys answer common questions about how Arizona courts handle these agreements, the duties of personal representatives, and…

Let’s face it: not every legal issue is created equal. Whether it’s deciding who gets your vintage wine collection or whether you can still marry your high school sweetheart, capacity matters. And no, we’re not talking about your capacity to binge-watch an entire season of your favorite show in one sitting. We’re talking legal capacity…

Beneficiaries Are Entitled to Fairness and Transparency In Arizona, beneficiaries of estates and trusts have important legal rights designed to protect them from mismanagement and abuse. Whether you’re named in a will or trust, these rights give you the ability to stay informed, hold fiduciaries accountable, and ensure your inheritance is handled properly. Key Rights…

Trustees Have Serious Legal Responsibilities Under Arizona law, a trustee is legally required to manage the trust prudently, honestly, and solely in the best interests of the beneficiaries. When they fail to meet those duties, it’s called breach of trust or trust mismanagement.  A trustee’s role carries fiduciary obligations, meaning they must follow the trust’s…

Understanding Non-Probate Assets Not every asset a person owns goes through the probate process. Non-probate assets pass directly to designated beneficiaries by operation of law or by contract.These typically include: Life insurance proceeds payable to a named beneficiary Retirement accounts (IRAs, 401(k)s, pensions) with beneficiary designations Pay-on-Death (POD) or Transfer-on-Death (TOD) bank and investment accounts…

Yes — Many Probate Disputes in Arizona Are Resolved Without Trial While probate disputes can be emotional and complex, not every conflict requires a full courtroom trial. In fact, Arizona law and the Arizona probate court specifically encourages settlement and mediation whenever possible.  Many cases resolve through negotiation, mediation, or stipulated agreements, saving time, money,…