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Fiduciary Litigation

Fiduciary Litigation Law Firm Advocates for Arizona and California Clients

Skilled attorneys leverage more than 50 combined years of litigation experience in probate, trust, guardianship and conservatorship legal matters

A fiduciary is someone who owes the highest duty of care to another person. This may be an executor of an estate, a trustor of a trust, an administrator of a retirement plan or investment fund or a guardian to a child or disabled adult. If a fiduciary puts his interests above those to whom he is responsible, a claim for breach of fiduciary responsibility may follow. The attorneys at Van Cott & Talamante, PLLC have extensive experience representing clients in fiduciary litigation in probate, trust, guardianship, conservatorship and matters where a fiduciary has been nominated or appointed.

Probate and trust matters and related litigation

If you suspect that a Will or Trust does not reflect the wishes of the deceased or the trustor, you have a right to challenge the Will or trust in court. If a Will or trust does reflect the wishes of the deceased or the trustor, but is being challenged by disgruntled beneficiaries dissatisfied with the outcome, the personal representative and the successor trustee must defend the Will or trust against all challenges to ensure proper distribution to the rightful heirs and beneficiaries. Sometimes, of course, there is neither a Will nor a trust, and the handling of a deceased person’s estate is handled and distributed to beneficiaries under applicable statues. At Van Cott & Talamante, PLLC, we represent aggrieved parties in relation to:

  • Commencement of probate and trust proceedings
  • Administration of the estate or trust in compliance with applicable statutes and rules
  • Bringing and defending claims challenging the validity of the Will or trust, such as lack of capacity or undue influence
  • Proper execution of the duties of the personal representative or successor trustee, including bringing and defending claims for breach of fiduciary duties

The individual chosen to be the personal representative of the estate or to hold power of attorney has a fiduciary duty to dispatch his obligations professionally and in accordance with the wishes of the deceased. Any deliberate fraud or negligence in accounting for assets can and should be challenged in court. Our experienced attorneys can assist at all levels of probate and trust matters, from the commencement of the proceeding to the closing of the estate.

Guardianship and conservatorship matters and related litigation

Guardianship and conservatorship litigation can be both complex and emotionally charged. Our attorneys represent clients in contested and uncontested guardianship and conservatorship cases. We represent petitioners and respondents in cases involving:

  • Appointment of a guardian, conservator, or both.
  • Handling of the ward’s needs and requirements
  • Administering the conservatee’s estate and financial needs
  • Bringing and defending claims that a ward’s needs are not being met or that a conservatee’s property is not being appropriately handled and invested, including claims for elder abuse and financial exploitation
  • Assisting the guardian or conservator in meeting all court-ordered deadlines, filing requirements, and other duties

Contact an Arizona fiduciary litigation law firm for a free consultation

If you have probate, trust, guardianship or conservatorship issues to resolve or if you are contemplating the need to bring or defend against litigation related to these types of matters, call the attorneys at Van Cott & Talamante, PLLC at 602.638.3289 or contact us online for a free consultation. We have the skills and experience needed to represent you.

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Van Cott & Talamante, PLLC is the appointed counsel for the class action litigation currently pending in the Maricopa County Superior Court of Arizona against AWSM Technology, Inc.

For a chronology of the case and downloadable case documents: click here

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