Elder & Probate Law
William A. Miller is a Civil trial lawyer with over 30 years of experience.
At the Arizona Law Firm of William A. Miller, PLLC our knowledge, empathy and experience allow us to vigorously fight for and defend inheritance rights. For 30 years we have actually tried cases, unlike many ‘big law firms’ who are afraid of the Jury. We know the Sun City, Arizona and West Phoenix Courts well.
Will, Probate, Elder Law and Estate litigation includes disagreements after a parent or family member dies. It includes family fights about inheritance, probate and trusts disputes, disagreements and challenges to wills. Family fights and ultimate litigation can start over who gets named as a beneficiary, gifts on death, wills, trusts, real estate, warranty deeds/tenant in common deeds/JTWRS deeds, payable on death bank accounts, other property held in joint tenancy, powers of attorney, guardianships, conservatorships, undue influence, vulnerable and incapacitated adults.
We also handle, Breach of contract, Non-compete agreements, Non-disclosure agreements, Employee theft and embezzlement, Insurance purchases and enforcement of policy coverage, Negotiation and/or enforcement of commercial leases, Negligence and gross negligence resulting in losses, Intentional acts causing a company to suffer damages, Tortious interference with contractual relationships, Unjust enrichment, Real Estate fraud, Consumer fraud, Conversion/Theft, Intentional and/or negligent misrepresentation, Business torts and Real estate title and escrow.
Bill Miller won a very infamous Maricopa County Arizona case in 1994 named Hurst v. Sneed. In this horrible family lawsuit, the daughter, Sneed had been named as a joint owner of her WWII father’s CD’s at an Arizona bank. Unbeknownst to him, she waltzed into the bank one day and withdrew all of the CD’s. The bank was immune from prosecution because, after all, the father, Hurst had named his daughter as a co-owner. The jury did not find her defense (he wanted me to get/inherit the money before he died so he could see me happy) worth darn and awarded every cent of the CD’s and punitive damages.
There are the type issues we address in Probate, Will, Family, Trust and Estate Litigation:
Is the Trust or Will enforceable? Was it properly witnessed?
Why is the State of Arizona involved? We are a picture perfect family.
Did the parent have sound mind when the governing documents (Will, Trust, and POA) were executed?
Was there undue influence by the favorite son/daughter/girlfriend?
Who requested/made the parent amended his/her will or trust to reduce or cancel your share of the property? Was he/she influenced by a caregiver? Was there Elder Abuse or Fraud?
Are you a PR (personal representative) or trustee fighting against totally bogus accusations of mishandling the estate’s administration? We have served as a trustee in a handful of multimillion dollar estates and we have firsthand knowledge of the pitfalls involved. The problem with virtually every trust/will is the estate pays to defend these allegations and this ultimately becomes a windfall for the lawyers. The beneficiary will always loose.
Is your parent or loved one being financially exploited by an assisted living facility or ‘black sheep brother/sister’?
Did a friend intend to leave you part of his property, but then he/she mistakenly left you out?
If you want straight answers to these questions, please call the law firm of William A. Miller (Bill) at 602-319-6899 in Scottsdale Arizona.
= Most or all cases. = Some cases.
CASE TYPE | COURT TYPE | |||
---|---|---|---|---|
CIVIL | Superior Courts | Justice Courts | Municipal Courts | Magistrate Courts |
General Civil – Unlimited | ||||
General Civil – Limited | ||||
Small Claims | ||||
Civil Equity | ||||
Complex Commercial | ||||
Foreclosures and Liens | ||||
Real Estate Title and Boundary | ||||
Landlord / Tenant | ||||
Ordinance Violations | ||||
Protection, No Contact, and Restraining Orders | ||||
Administrative Agency Appeals | ||||
CRIMINAL | Superior Courts | Justice Courts | Municipal Courts | Magistrate Courts |
Felony | ||||
Felony Preliminary Hearings | ||||
Misdemeanors | ||||
Ordinance Violations | ||||
Juvenile | ||||
Traffic and Infractions | ||||
DOMESTIC RELATIONS | Superior Courts | Justice Courts | Municipal Courts | Magistrate Courts |
Divorce | ||||
Child Custody and Visitation | ||||
Child Support | ||||
Paternity | ||||
Domestic Violence Protection Order | ||||
FAMILY | Superior Courts | Justice Courts | Municipal Courts | Magistrate Courts |
Adoptions | ||||
Juvenile Delinquency | ||||
Child Abuse and Neglect | ||||
Termination of Parental Rights | ||||
Children in Need of Supervision | ||||
MENTAL HEALTH | Superior Courts | Justice Courts | Municipal Courts | Magistrate Courts |
Involuntary Commitments | ||||
Other Mental Health Cases | ||||
PROBATE & TRUSTS | Superior Courts | Justice Courts | Municipal Courts | Magistrate Courts |
Wills & Estates | ||||
Name Changes | ||||
Trusts | ||||
Guardianships and Conservatorships |