“Sometimes we’re contacted by a personal representative or trustee that is wrongfully or falsely accused of misconduct or wrong doing in Arizona. I’m Kent Berk. I’m an attorney at the Scottsdale Arizona law firm of Berk Law Group, P.C. where we handle probate, state, trust, and other types of matters in Arizona.
Unfortunately, there are defenses that a personal representative or trustee can raise to protect themselves against false accusations of wrong doing or misconduct in Arizona. Basically, if a personal representative or trustee is accused that in most cases is a separate lawsuit although it might be in a context that of a probate. It’s a separate petition against them for whatever the wrong doing that’s claimed.
And in that proceeding, the personal representative or trustee among other things is entitled to know what the specific allegations are against him/her, what witnesses support those allegations, what documents relates to the allegations. Typically the personal representative or trustee is entitled to conduct discovery like taking depositions, and requesting documents, subpoenaing documents among other things. The personal representative or trustee is also typically entitled to use the estate or trust assets to pay their attorney’s fees to defend them.
And of course, the specific circumstances will determine what a personal representative or trustee can do to defend themselves if they’re wrongfully accused of misconduct, but rest-assured there are options.
If you have any questions or you have a probate, a state, or trust dispute in Arizona, please don’t hesitate to give us call or send us an e-mail through our website. Thank you.” – Kent Berk