At Theut Scaringelli & Kupiszewski P.L.C., we understand that wealth brings opportunity. However, wealth also brings complexity. When family, finances, and legacy intersect, disputes can arise. But a good plan can ease tension and uncertainty. Our firm has built a reputation across Arizona for providing clear guidance, strong advocacy, and tailored solutions.
If you have questions about wills, trusts, or guardianship, a trust and estate litigation lawyer in Gilbert who combines legal skill with compassion can help.
Intestate Succession
Arizona law decides how to distribute assets for an estate when someone dies without a valid will or trust. This process is called intestate succession. Generally, only the deceased’s spouse and family members (or heirs) can inherit assets. This legal framework can exclude other loved ones from inheriting and cause disputes between family members.
Families may disagree about who qualifies as an heir under the law and whether someone was unfairly excluded. An estate litigation lawyer from our firm can help families navigate these statutes and avoid mistakes. We can also help you develop an estate plan that avoids intestacy and gives you control over what happens to your assets after you pass.
Wills
Wills provide clarity about who will inherit a deceased person’s (or testator’s) estate according to their wishes. Yet, questions of validity or fairness often arise.
Common issues include:
- Allegations of undue influence,
- Claims of fraud or forgery,
- Disputes over ambiguous language, and
- Concerns about the testator’s capacity when they wrote their will.
Our experienced estate litigation lawyer can draft and execute valid wills and administer them, as well as litigate contested wills. We also guide personal representatives through probate or hold them accountable, helping ensure they properly handle and distribute estate property according to the will’s terms. When disputes emerge, we are ready to present clear evidence and persuasive arguments to protect our clients’ interests.
Clients often come to us feeling overwhelmed. We listen first, and then we design a strategy tailored to their goals—whether that means preserving family relationships, maximizing efficiency, or pursuing justice in court.
Trusts
Trusts are powerful tools for wealth management and can help you pass your assets to beneficiaries without probate. However, trusts are not immune to conflict. Trustees are fiduciaries who may be accused of mismanagement. Beneficiaries may disagree about distributions. Sometimes, the very terms of a trust create disputes.
As a Gilbert trust lawyer, our role is threefold:
- Trust creation. We can help you develop a valid trust that protects your loved ones and interests, whether it’s revocable or irrevocable.
- Trust administration. We help trustees carry out their duties with integrity, including accounting, distributions, and compliance with fiduciary obligations.
- Trust litigation. When conflicts escalate, we represent trustees, beneficiaries, or other interested parties in court. Common issues include breach of fiduciary duty, disputes over asset valuation, and allegations of self-dealing.
Trust litigation often involves high-value assets. Sophisticated clients appreciate our ability to balance legal precision with practical solutions. Whether the dispute involves a family business, complex investments, or multiple properties, our Gilbert trust lawyer can provide the courtroom advocacy and financial insight needed.
Powers of Attorney
A power of attorney allows someone to act on your behalf in financial or healthcare matters when you are incapacitated. Unfortunately, misuse or misunderstanding can lead to serious consequences. We can step in to shield you from abuse and the irresponsible decision-making of others by:
- Creating powers of attorney that are clear, enforceable, and aligned with their wishes; and
- Representing clients when an agent exceeds authority or fails to meet qualifications.
If you suspect abuse of a power of attorney, swift legal action is critical. We can petition the court to revoke the power, recover misused assets, and hold the wrongdoer accountable.
Guardianship and Conservatorship
When adults cannot manage their personal or financial affairs, the court may appoint a guardian or conservator. These arrangements are vital but can spark disputes.
Common issues include:
- Competing petitions over who should be a guardian or conservator,
- Concerns about financial exploitation,
- Allegations of neglect or abuse, and
- Concerns over whether a guardianship or conservatorship is necessary.
We help families establish guardianships and conservatorships, and can challenge them when necessary. Our attorneys advocate for vulnerable individuals while respecting family dynamics and preserving dignity.
Litigation in this area is often emotionally charged. Our clients value our combination of compassion and competence. We provide steady guidance through difficult choices, helping ensure that loved ones are protected and respected.
Let Us Be Your Trust and Estate Litigation Lawyer
Gilbert is one of the safest towns in the nation, and we can provide you with the safest estate plan guidance for your needs. We have decades of combined experience and are well-respected in the legal community. Contact Theut Scaringelli & Kupiszewski P.L.C. on our website or call today to schedule a consultation. Together, we can protect your legacy, resolve disputes, and bring clarity to your future.
Resources:
- Intestate share of surviving spouse, A.R.S. § 14-2102 (2024), link.
- Heirs other than surviving spouse; share in estate, A.R.S. § 14-2103 (2024), link.
- Execution of paper wills; witnessed wills; holographic wills; testamentary intent, A.R.S. § 14-2502 (2024), link.
- Duty of loyalty, A.R.S. § 14-10802 (2024), link.
- Prudent administration, A.R.S. § 14-10804 (2024), link.
- Prudent investor rule, A.R.S. § 14-10901 (2024), link.
- Protective proceedings; fingerprinting, A.R.S. § 14-5401 (2024), link.
- Appointment of guardian by will or other writing; objections; notice, A.R.S. § 14-5301 (2024), link.