A guardianship proceeding allows a person the legal authority to care for another. A conservatorship proceeding concerns the legal authority to manage another’s financial affairs. These Guardianship and Conservatorship matters, which are many times joint proceedings, can be for an incapacitated person, or for a minor. These proceedings constitute the majority of our practice. Paul Theut has litigated and resolved more Guardianship and Conservatorship matters than any active attorney in Maricopa County, and has litigated and won these matters at the appellate level.
The transfer of wealth that occurs with the loss of a loved one can be a difficult transition. This is especially true when there are disputes over the decedent’s estate planning, finances or the succession of a business. Trust and estate disputes often involve a combination of business litigation, real estate transactions, and trust and estate law.
The benefits of estate planning are numerous. Clients come to our firm with different goals. Our attorneys will meet with you to discuss what those goals may entail. Many people are interested in creating an estate plan to avoid probate or minimize estate taxes with a revocable trust, avoid costly guardianship and conservatorship proceedings with powers of attorney, and facilitate the timely and cost-efficient distribution of assets to their loved ones upon their death. Great estate planning can minimize controversy, prevent undue expense, family disputes, and attorney fees, and costly court matters during your incapacity or after your death.
Probate in Arizona is the administration of a person’s assets and liabilities upon death. As probate attorneys, we offer experienced representation of clients in both routine and difficult probates. We represent both heirs and personal representatives before the Superior Court in order to initiate probate proceedings and ensure that matters proceed as smoothly and efficiently as possible.
A properly drafted and funded trust will generally avoid probate in the State of Arizona. Generally, action needs to be taken by the successor trustee to administer the trust once the creator of a trust- sometimes called a settlor, grantor, or trustor, becomes incapacitated or passes away. Our firm helps families across the country deal with all aspects of trust administration in Arizona.
In Arizona, professional fiduciaries need to be represented by counsel in Court proceedings. The law offices of Theut & Scaringelli, P.L.C. has significant experience in all areas of professional fiduciary representation.