In addition to the drafting of estate planning documents, Christopher D. Graham, P.L.L.C., provides assistance with probate and trust administration. This page provides a general description of our services. Please call to further discuss your matter.
Despite its name, an irrevocable trust may be modified in certain situations. Arizona law is fairly lenient with regard to modifications and amendments. Some modifications may be made without a court action. Others must be approved by the probate court. We are experienced in assisting grantors, trustees, and beneficiaries with the modification of irrevocable trusts.
Although the design of a trust is less conducive to litigation than a will, disputes still occur. We are able to aggressively represent trustees or beneficiaries in trust litigation,including disputes regarding the following:
• Trust interpretation
• Breach of a trustee’s fiduciary duties
• Disputes over accountings
• Trustee removal
We have the expertise and experience to advise clients on the administration of a trust, including:
• Trustee’s duties, powers, and standards
• Defending and preserving trust assets from creditors
• Accounting and recordkeeping requirements
• Management and investment of trust assets
• Trustee compensation and attorney’s fees
• Sub-trust funding
• Income taxation of trusts
• Estate and gift tax returns
• Administration and succession after the death of a trustor
A will is intended to set forth the final binding wishes of the decedent. However, those left behind often disagree as to the meaning of the language of the will and the intent behind it, contest that the will was not executed under a sound mind, or contend it is the product of undue influence by unscrupulous family members. We provide litigation support for those situations to personal representatives or beneficiaries, always with compassion and respect for the decedent and his or her family.
Probate of a will or an intestate estate can be complicated and stressful, especially given the circumstances under which probate arises. We work diligently to assist personal representatives in navigating the probate process and upholding their fiduciary duties. We assist in interpreting and defending the wishes of the decedent in their last will and testament, defending against and settling creditor claims, prosecuting claims against third-parties, identifying and recovering estate assets, identifying and locating beneficiaries, and preparing the necessary reports to the Court. Our probate services are designed to ease the burden of the personal representative in preserving and distributing the estate.