Legal Question in Wills and Trusts in Arizona

I know my uncle had my grandfathers will changed fraudulantly and/or thru coercion into a trust. In short, making himself the co-trustee and the sole beneficiary.

Can I contest this trust? and in turn have his last will and testament before this trust reinstated?

I have documentation and proof of the coercion , fraud and misrepresentation.

Are there time limits to filing contests in Arizona?

What are my rights according to Arizona Law?

Asked on 8/02/12, 9:02 pm

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

Yes, you can contest the formation of the trust. It is a difficult case to prove, so if you have clear proof of undue influence, constraint, coercion and/or fraud, you are well advised to proceed.

It is usually an expensive burden to undertake and your uncle will use the assets of the trust to defend his position. Time limits depend upon the facts of the case and vary among the various claims that you may have, including elder abuse and financial exploitation of a vulnerable adult. The later claims may be criminal as well as civil wrongdoing. You should consult with an experienced attorney asap.

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Answered on 8/03/12, 8:20 am

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