Trust, Estate, Probate and Inheritance Fights and Lawsuits
Poor estate planning and troubled relationships can lead to
lawsuits over wills and trusts, inheritance
probate and trust administration claims against personal representatives and
We help you get through the
toughest times of your life.
Do you have a quick legal question?
Call John McKindles at 480-964-9302 for a
no-charge, five-minute phone call.
Adventures in Probate: Hand-Written Wills and Dying Intestate
underscores the importance of structuring estate plans, properly funding and
monitoring them, and seeking guidance as circumstances change
Your Estate Plan: Prepared or Unprepared Everyone
has an estate plan. The only question is: Is it prepared or unprepared? A
prepared plan may entail some present cost. An unprepared plan will doubtless
involve more cost (and probably heartache) later.
Understanding your rights, responsibilities and options is
an important step in bringing order and justice to a contested estate.
To schedule a
comprehensive one-hour, $300 legal consultation with John McKindles, call his legal
assistant, Willie Benefiel, at 480-964-9302.
The last decade has seen the
transfers of enormous wealth from one generation to the next, giving rise in
Arizona and elsewhere to an unprecedented number of disputes over inherited
assets and related issues.
Many Arizona families have sought the wise counsel of
John McKindles in sorting out messy estates en route to ensuring that:
intentions of deceased persons are honored through the probate or trust
administration processes, and
incapacitated persons receive appropriate protection
through guardianships and conservatorships.
John McKindles represents persons who are involved in a
variety of estate controversies, including disputes involving:
John’s clients benefit from his ability to bring to estate
matters his valuable experience in real estate law, taxation,
family law and
At the Root of Trust and Probate Controversy
Disputes stemming from alleged lack of competency, undue
influence, disinheritance or other issues can often lead to a legal challenge to
the decedent’s will or trust, or a challenge to the decedent’s selection of a trustee or
personal representative (known in some other states as “executor”).
Poor Planning. Such disputes are often fueled by bad planning on the part
of the decedents – planning that in many cases occurred many years before,
perhaps in another state, and frequently involving a different family situation
– or by unintended outcomes stemming from generally sound planning.
Undue Influence and Contested Wills. When elderly people fall victim to manipulative health care
providers, neighbors, or relatives, they may be convinced to change the terms of
their will. Often, changes are made without other family members being
notified and through a different attorney than the one originally used.
Defending Against a Contested Will. There are also cases when creditors or unscrupulous family
members attempt to take advantage of vague or imprecise language in a will. In
these situations, allegations may be leveled against the named personal
regarding how assets are distributed among heirs.
Legal Help for Fiduciaries
John McKindles is prepared to represent professionals and family
members in their fiduciary roles as guardians, conservators, trustees and personal
representatives, against charges of fraud, theft, embezzlement and more.
The appointment to a fiduciary role comes with important
responsibilities and duties. In an estate situation, a trustee or personal
representative is responsible for the maintenance or distribution of a trust or
estate or the financial affairs of another person.
Administering an estate or trust can be challenging if the
fiduciary is not fully aware of their duties. However, even the best prepared
fiduciaries can find themselves as the target of family members or other
interested parties who are unhappy with the fiduciary’s actions in managing estate
or trust assets, responding to creditor claims and other legal challenges, and
following the decedent’s wishes in distributing assets.