Representation in Arizona Probate and Trust Disputes 

Probate is often the time when problems with an estate, will, or trust come to light, although issues involving the management of a trust can also occur at any time.

At the law office of Helene S. Fenlon, PLC, trial attorney Helene Fenlon represents institutions and individual beneficiaries, heirs, executors, and trustees in probate and trust litigation. With more than 15 years of legal experience and a background in finance, Ms. Fenlon is well suited to handle the complex financial issues that probate and trust litigation can encompass. To schedule a consultation, contact Ms. Fenlon's law office in Scottsdale.

The most difficult aspect of probate and trust litigation is found not in the numbers but in the relationships at stake. Probate occurs at a highly emotional time, after the loss of a loved one when people are grieving and under stress. A problem with a will, a suspicion that an estate plan was changed for the wrong reasons—these issues can sour or destroy family harmony.

In some cases, mediation will be a less harmful yet equally effective approach to resolving a probate dispute. Ms. Fenlon has 15 years of experience mediating and arbitrating probate (and other) legal disputes in order to help families resolve their concerns without the cost and difficulty of court.

Problems Requiring Probate and Trust Litigation

There are a variety of reasons why an individual or a family may choose to take a probate case to trial or to contest a will:

• If the deceased was suspected of being mentally incompetent at the time the will was written
• If it is suspected that the deceased was unduly influenced (or threatened) by someone who would directly or indirectly benefit from the will or trust (or a change to the will or trust)
• If two or more contradictory wills exist and investigation yields inconclusive results as to which was the final legal will
• If the will is suspected to be a forgery
• If the will or trust was improperly written, was unclear, incomplete, or contradictory and therefore was not enforceable

Fiduciary Litigation

Fiduciary litigation or fiduciary removal proceedings involve disputes over the management (or mismanagement) of an estate or trust, theft or embezzlement from an estate or trust, or the need to change or remove a trustee. Examples of claims of breach of fiduciary duty include:

• Care givers or adult children who have financially benefited by misusing a financial power of attorney granted by of an elder relative
• Trustees profiting personally from the management of a trust by accepting excessive compensation
• Trustees embezzling from a trust for personal gain
• Conflicts of interest between a trustee or administrator and beneficiaries
• Suspicion that a trustee or administrator is using extremely poor management or investment strategies for the trust or estate
• Mismanagement of a family owned business

Business Interests in Probate Litigation

When a business owner or business partner dies, there will be a number of issues to resolve involving the management of the business and the transfer of assets. If the business owner did not plan ahead or plans were incomplete, the business may face serious difficulties. A receiver may need to be appointed until vital decisions are made to ensure the business continues.

Whatever your legal concern involving a probate or trust dispute, trial lawyer Helene Fenlon can assist you. Contact her Scottsdale law office by e-mail or at (480) 584-3223.

Helene S. Fenlon, PLC

10869 North Scottsdale Road, Suite 103-215
Scottsdale, AZ 85254-5164
Telephone: (480) 584-3223 ● Fax: (480) 922-3663
E-Mail Me

Scottsdale, Arizona trial lawyer Helene S. Fenlon represents individual and business clients across Arizona in business, probate, and civil litigation. The firm takes cases from anywhere in Arizona, including the communities of Scottsdale, Phoenix, Paradise Valley, Fountain Hills, Tempe, Sun City, Sun City West, Sun City Grand, Chandler, Peoria, Anthem, Mesa, Goodyear, Gilbert, Litchfield Park, Sedona, Prescott, Flagstaff, and Tucson.