Estate Litigation

In an ideal world when a person has executed their Last Will and Testament or their Revocable Trust, their wishes and instructions as written on paper would suffice, everyone would get along, no one would fight, and everything would get dispersed as per the instructions.

Unfortunately we do not live in an ideal world and there are times when everyone cannot agree on what the Last Will and/or Trust really say.  When this occurs, most likely the next step will be Estate Litigation. Any contest to a deceased persons estate or property is considered Estate Litigation.

As was explained in the Probate section, Court involvement in an estate is often times very normal as the courts simply act as an overseer to make certain that the state laws are followed and that the wishes of the deceased are carried out.  However, when disagreements occur, the court can then either take on the roll of a mediator (helping all parties come to an agreement) or a Judge (listening the facts and opinions, knows the law, and makes a decision for the parties that the parties must abide by).  Court involvement is usually never the best decision but there are times that it is necessary.

In times like these, when disagreements do occur, it is best to have an experienced attorney on your side who is familiar with both Probate and Trust Law. An experienced attorney will know how to:

  • Speak to all parties without offending them
  • Properly present the facts
  • Get to the core of the disagreement, and
  • Attempt to negotiate a settlement outside of Court

When matters do escalate to Court, costs go up and inheritances go down.  It has been said that when a matter ends up in Court the only people that win are the attorneys.  An attorney experienced in Probate, Trusts, and Estates will know how to avoid Court if it is possible.  But when it is not, they will also know how to handle a Judge, the Jury, and the other Attorneys and their often stubborn clients whom they’ve brought along.

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Attorney Brendon R. Rogers is experienced in Estate Litigation.  Having represented close to 100 Probate cases in Court and drafted hundreds of Trusts and Wills he has a working knowledge of the laws governing estates.  In addition, he has traveled the state of Arizona representing clients in successful mediation and settlement agreements and worked with other attorneys in the Western United States as Co-Counsel to achieve the same.  When experience counts, you need an attorney like Brendon R. Rogers on your side.

This office ALWAYS does a FREE consultation regarding ESTATE LITIGATION to help you understand and determine what your rights are.  (UNLESS A SUIT HAS ALREADY BEEN FILED IN COURT AND THEN THE ATTORNEY’S NORMAL HOURLY CONSULTATION RATE MAY APPLY AS PER PROFESSIONAL RESPONSIBILITY AND LIABILITY INSURANCE REQUIREMENTS.)