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Leary and Wence, PC - Attorneys at Law

Estate Litigation and Prevention

Leary & Wence, PC - Estate Litigation and PreventionIf you or someone else who is a beneficiary of an estate disagree as to its administration or dispute the validity of a will, you may become involved in a will contest or other litigation. Other litigation may involve creditors of the estate whose claims might be disputed.

A will contest or other such litigation is similar to any court case—a complaint is filed and evidence is presented to a judge to render a decision.

Leary & Wence, PC advises and represents clients with will contests and other similar litigation throughout Arizona. Although our office is in Scottsdale, our services are available throughout Arizona, incuding Maricopa, Scottsdale, Phoenix, Sun City, Glendale, Chandler, Mesa, Tucson, Fountain hills, Cave creek, and Flagstaff.

As the esteemed Russell J. Fishkind, Esq. discusses on his firm's website, www.newjerseyprobatelitigation.com, "There are many famous estate litigation cases. Whether it's determining who the guardian should be for Michael Jackson's children, how much of the Leona Helmsley estate should pass to her dog, Trouble, or whether or not Anthony Marshall unduly influenced his philanthropic mother, Brooke Astor to change her Will in his favor, one thing is for sure - such contested estates aren’t unique to rock stars or land barons, but rather, affect hard working families day in and day out.
The most common estate litigation cases involve:

  • A) Claims of undue influence

  • B) Lack of capacity

  • C) Change in the titling of assets either by a power of attorney or an heir altering the dispositive intent of the testator

  • D) Demands for an estate accounting and objections to the accounting when produced

  • E) Removal of an executor

  • F) Actions challenging trustees as to the investment management of a trust portfolio."

Contact us today. We look forward to hearing from you.