The loss of a loved one can be an incredibly painful experience. When settling your loved one’s affairs, the last thing that you need to deal with are claims of fraud, exploitation, and undue influence. At the law firm of Mushkatel, Gobbato, & Kile, P.L.L.C., our attorneys want to help you through this difficult time. Losing a loved one can be very painful. Settling your loved one’s affairs can be even more difficult when someone contests the will, or trust or makes allegations of fraud, exploitation, or undue influence. You may. If you are confronted with the prospect of litigating, you need an experienced estate litigation lawyer by your side. Mushkatel, Gobbato, & Kile, P.L.L.C., possess the skills and experience needed to protect your interests while defending and advancing your loved one’s final wishes. Our Arizona estate law lawyers are smart, professional, and effective. You can expect a calm, comfortable environment when you work with our firm. We handle a range of estate matters, including:
What is Guardianship?
When a loved one is no longer capable of making decisions, guardianship may become necessary. Not only can this be a difficult decision to make, but navigating through the legal issues involved can also be a time-consuming process. Guardianship is established by appointment of the court of an individual or entity to make personal decisions and provide care for a minor or an incapacitated adult. Any competent adult may be appointed as a guardian. Although there is a list of priorities for appointment under the law, the court may appoint someone with lower priority, if it is in the best interests of the ward. At Mushkatel, Gobbato, & Kile, P.L.L.C., we consider long- and short-term plans in light of available assets and with your loved one’s best interests as our primary consideration. Our guardianship attorneys work to protect your loved one, ensure his or her safety, mitigate the risk of loss, and minimize expenses.
What is a Conservatorship?
A conservator may be appointed by the court to manage the financial affairs of a minor or an adult who is incapacitated and unable to manage his or her own property and finances. An individual who wishes to be appointed as a conservator must provide the court with background information, including any felony criminal record, and file a petition with the court for appointment. In some cases, a petition for a conservatorship can be avoided, when a properly-executed Durable Financial Power of Attorney is in place. This document may be sufficient to allow the agent to manage the assets of an incapacitated adult. Additionally, if the incapacitated person has established a Trust, the agent may be able to simply transfer assets into the Trust and allow the Trustee to manage it. Our law firm has extensive experience with conservatorships, estate planning, and all types of estate law matters. You can rely on our firm to help you to protect your loved ones.
How Common Are Will Contests?
A will is a legal document that states how an individual wants his or her property and assets to be distributed after death. Every competent adult has the right to make those decisions. A valid will that was properly executed in front of witnesses and not created or signed under duress should hold up in court. Nevertheless, will contests are not uncommon. Individuals expecting a larger inheritance may be upset about the outcome. They may question the circumstances surrounding the signing of the will or the validity and integrity of the document. Disputes among family members, turmoil, and strife can arise over a deceased loved one’s will. There are a number of reasons, a will might be contested. Our estate litigation attorneys are familiar with the reasons. We know how to handle these types of contentious and stressful situations. When you work with our firm, you can have confidence that we will be deeply committed to protecting your best interests.
Elder Abuse Allegations
Unfortunately, individuals who were expecting a larger inheritance sometimes become angry about the provisions of a will and make false allegations of fraud, exploitation, undue influence, and other forms of elder abuse. If you or a loved one has been wrongfully accused of elder abuse in Arizona, you need an experienced attorney to represent you. The estate litigation lawyers at the law firm of Mushkatel, Gobbato, & Kile, P.L.L.C. have experience dealing with elder abuse allegations. We understand that these claims are the last thing you need after the painful loss of a loved one. We want to help you through this difficult time. You can rely on our skills and knowledge and our commitment to your interests.
Probate
Depending on the circumstances, probating an estate can be a complex and lengthy process. The complexity of probate can depend on whether or not a valid original will is available and how much property and debt is involved. It also will depend on the number of beneficiaries. In the Arizona probate process, if an original will exists, it is validated by the Superior Court. A personal representative is appointed to gather the assets, pay the debts of the deceased person and distribute the remainder according to the provisions of the will. When there is no valid will, or the original document cannot be found, the process is more complicated. If you are dealing with the loss of a loved one, the assistance of an attorney experienced in dealing with the complex probate process can be invaluable. Our attorneys are here to help you during this difficult time.
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