Key Takeaways You need standing, for example, as a beneficiary or heir, to contest a will in Arizona, so find out if you have it before suing. Typical reasons to contest a will are due to lack of testamentary capacity, undue influence, improper execution, fraud, or a subsequent will, and those reasons require strong [...]
Key Takeaways To satisfy Arizona’s legal requirements, you must write your will, which is signed by you and at least two competent witnesses. Choose your witnesses wisely and have them sign where required — improper witnessing can invalidate your will! Avoid ambiguity, confusion, and legal squabbles by using clear, precise language and full legal [...]
Key TakeawaysA successor trustee is essential in overseeing a trust post the original trustee’s tenure, with an obligation to act with fiduciary duty, diligence, and integrity in Arizona.We explain what triggers the successor trustee’s activation, the importance of successor trustees, how to choose a successor trustee, and common mistakes people make when assigning successor trustees.Successor [...]
Key TakeawaysBeneficiaries in Arizona possess robust legal rights to sue trustees for breaches of fiduciary duty, self-dealing, mismanagement, and failures in communication or transparency, which can be game changers in trust outcomes.From consulting with qualified counsel to evidence gathering and discovery phase, the legal process for trust disputes is vital to navigating trust disputes and [...]
Key TakeawaysTrustees must understand how to properly fulfill their fiduciary responsibilities, which encompass both prudent management of trust assets and compliance with the trust’s provisions, to avoid costly mistakes and litigation.Common mistakes in Arizona include failing to fund trusts properly, neglecting communication, poor record-keeping, and mismanaging investments, all of which can lead to beneficiary disputes [...]
Key TakeawaysUnequal trust distribution in Arizona involves complex legal, psychological, and interpersonal factors, making it essential to understand both the grantor’s intent and the legal framework before making decisions or raising concerns.Recording a grantor’s wishes explicitly within trust documents and explaining the rationale for unequal distributions can limit confusion and decrease the chance of future [...]