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UncategorizedApril 6, 20150 comments

Defending Trusts and Estates

Over the last several years, Munger, Chadwick & Denker partner Thomas A. (“Tad”) Denker has had great success defending trusts and estates across Arizona from attacks by beneficiaries and potential beneficiaries who file lawsuits claiming that a deceased person should have left them a larger portion of the decedent’s estate than the decedent actually did.

Unfortunately, such lawsuits have become common in Arizona’s courts — but now Mr. Denker has secured an enormous victory for a client in a landmark opinion issued by the Arizona Court of Appeals that may change the way courts approach these cases.

The Court of Appeals’ published opinion held that two plaintiffs who were seeking to obtain more money than actually was left to them by a decedent’s trust forfeited all of their interests under the trust by bringing frivolous claims.  The court came to this conclusion even though Arizona’s courts traditionally have been hesitant to disinherit claimants to a person’s estate — even when the person’s will or trust specifically provides that legal challengers should lose their interests.  In this important ruling obtained by Mr. Denker, the Court of Appeals has now established the important precedent that challengers to a trust in Arizona must have a sound legal basis for every one of their claims, or risk being disinherited as a result of bringing a meritless case.  Thus, Mr. Denker not only defended his client’s trust successfully on every issue — and further obtained reimbursement for the full amount of the trust’s attorneys’ fees — but he also succeeded in obtaining a major court ruling that should help discourage such frivolous lawsuits in the future.

The Court of Appeals’ ruling may be read here:

IN RE: the SHAHEEN TRUST u/a 1/12/1994 (2015) | FindLaw

Congratulations Tad!