Why Experience Matters in Trust and Estate Litigation

Estate and trust disputes are not routine legal cases. They require familiarity with complex statutes, probate procedures, and fiduciary obligations. They also demand understanding human dynamics, family history, and financial realities. Our team works daily with beneficiaries, trustees,  and personal representatives whose situations range from modest estates to ultra-high-net-worth holdings.

In every case, a Theut Scaringelli & Kupiszewski trust and estates attorney evaluates the strengths and weaknesses of the matter before advising on the most effective approach. Whether that means seeking a negotiated resolution or preparing for trial, our attorneys design strategies tailored to your best interests. We do not apply generic solutions. Instead, we identify the specific legal tools, factual evidence, and procedural steps most likely to achieve your goals.

Who We Represent

Our trust and estate litigators in Scottsdale handle a wide range of disputes, including those involving contested wills, breach of fiduciary duty, and allegations of undue influence. Clients turn to us for matters such as:

• Beneficiaries seeking to recover assets or obtain information from a trustee or personal representative,
• Trustees facing allegations of mismanagement or misconduct,
• Personal representatives managing complex estates under court supervision,
• Families navigating disputes over asset distribution or estate control, and
• High-net-worth individuals and families protecting substantial trust assets.

Our firm has a long track record of assisting individuals across the spectrum of trust and estate matters.

For Beneficiaries

If you are a beneficiary and believe a trustee or personal representative has acted improperly, your rights may be at risk. You may face resistance in obtaining information, distribution delays, or evidence of misuse of estate assets. Our trust and estate litigators investigate these concerns, build a clear factual record, and advocate for your entitlement to information and property. In many cases, timely legal action can prevent further harm and preserve the estate’s value.

For Trustees and Personal Representatives

Fiduciaries bear significant legal obligations and can face personal liability if there is an alleged breach of their financial duties. We provide clear guidance on fulfilling your responsibilities under Arizona law, respond to disputes with beneficiaries, and protect you against unfounded claims. Our goal is to resolve issues efficiently while preserving relationships where possible and minimizing the depletion of estate or trust assets.

Types of Trust and Estate Disputes We Handle

Our Scottsdale lawyers handle matters involving:

• Contested wills and trusts,
• Breach of fiduciary duty claims,
• Asset recovery and accounting disputes,
• Guardianship and conservatorship conflicts,
• Financial exploitation actions under the Arizona Adult Protective Services Act,
• Emergency proceedings to protect vulnerable adults or preserve estate assets,
• Disputes over the interpretation of trust provisions, and
• Challenges to capacity or undue influence in estate planning.

With over 40 years of experience in Maricopa County, we know the legal landscape intimately. A Theut Scaringelli & Kupiszewski trust and estate lawyer provides customized guidance, no matter how unique or routine your matter may be. 

Our Approach to Litigation

We understand that litigation can be both financially and emotionally taxing. From the outset, we provide a realistic assessment of your case and a strategy to protect your interests while managing costs. In some matters, a prompt settlement is the most effective solution. In others, a trial may be necessary to secure a fair outcome. Your trust and estate lawyer will be fully prepared to litigate when needed, and our experience in Arizona probate courts will enable them to present your position with precision and authority.

The Difference We Bring

Our attorneys have devoted their careers to probate, trust, and estate matters. This focus gives our clients an advantage in cases where the rules, timelines, and evidentiary standards differ from those of other civil litigation. We have built credibility within the legal community, including with judges and court staff, which helps streamline proceedings. Our work is informed by decades of hands-on experience, from routine probate filings to high-stakes, multi-million-dollar trust disputes.

Examples of Client Outcomes

While every matter is unique, our representation has resulted in meaningful client successes such as:

• Securing multi-million-dollar settlements for beneficiaries whose inheritance was misappropriated,
• Restoring order to family disputes that were preventing estate administration,
• Protecting trustees from meritless claims and preserving their ability to serve,
• Obtaining emergency guardianships and conservatorships to prevent harm to vulnerable individuals, and
• Drafting clear, enforceable estate plans to minimize future conflict.

Beyond securing tangible results, you can rest assured that our firm will handle your matter with discretion and respect. We prioritize your experience throughout the matter, and our team understands the sensitive nature of our work.

Why Choose Theut Scaringelli & Kupiszewski in Scottsdale

Selecting a trust and estate litigation lawyer is a critical decision. The wrong choice can lead to delays, increased costs, and unfavorable results. Our firm combines technical legal skill, practical judgment, and a commitment to each client’s well-being. We understand that behind every case is a personal story involving loss, change, and uncertainty. Our role is to bring structure to that uncertainty, advocate for your rights, and position you for the best possible resolution.

Take the Next Step

If you face a trust or estate dispute in Scottsdale, do not wait to seek legal advice. Early involvement of an experienced trust and estates attorney can preserve your options and protect your interests. 

Our firm has decades of experience resolving trust and estate issues on behalf of Scottsdale families. Let us assist you. Contact Theut Scaringelli & Kupiszewski to schedule a consultation.