Trust Litigation

Arizona Trust Contests

A trust contest is similar to a will contest. An individual may use a revocable trust, rather than a will, to provide for the ultimate distribution of his or her assets upon death. In other instances, an individual may create an irrevocable trust during life for the benefit of family members or charities. Like a will, the validity of a trust may be challenged and contested.

Arizona Trust Reformation

When a trust created during an individual's life, or under a will, fails to qualify for favorable tax treatment, federal and state law often allow for the trust to be reformed through a court proceeding so that the trust does so qualify. Nirenstein Garnice PLLC'sArizona trust litigation lawyers have the knowledge and experience to prepare the reformation documentation and represent the trust's interests in Arizona courts.

Trust and Will Construction

While an Arizona trust or will contest is based on challenging the validity of a trust or will, a construction proceeding begins with the assumption that the trust or will is valid. In a construction proceeding, one or more parties seek court interpretation and adjudication of specific language in the trust or will. Trust instruments and wills are sometimes unclear, ambiguous or contradictory as to (1) the identity of beneficiaries, (2) the operation of distributive property provisions, (3) the interests of lifetime beneficiaries versus remainder beneficiaries, or (4) the allocation of estate and/or income taxes. In such cases, a construction proceeding is appropriate. Nirenstein Garnice PLLC's Arizona trust litigation attorneys are prepared to review a trust instrument or will to determine a credible interpretation of ambiguous or conflicting language which is most favorable to our clients. This favorable interpretation will then be advanced in court on behalf of our clients.

Practical Efficient Counsel

When representing fiduciaries, Nirenstein Garnice PLLC's Arizona trust litigation lawyers provide practical, efficient and knowledgeable counsel and assist clients in obtaining the court's direction regarding unclear or contradictory instrument language.

Contact Us

To speak to one of our Arizona probate appeals attorneys, please call our principal offices in Scottsdale at (480) 556-5800, or if you prefer, contact us through this web site and a lawyer from our office will get in touch with you promptly.