Legal Question in Wills and Trusts in Arizona

Re: probate

More facts need to be known, especially in light of the large sums at stake. Why would he set up a trust? Would the funds not go to the estate heirs? Do you have copies of the file paperwork, such as the retainer agreement, judgment, etc.? Why did this matter take 23 years? Is it just now being paid, or has the lawyer been holding funds? There are a lot of questions here.

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You should consult with an estate attorney, who is knows litigation and injury cases. In my practice I have substantial injury work experience since 1979 and also probate and estate work on an equal basis. It is a little unusual to find an attorney with that background, in those two areas which are quite different, so I would be available to answer your questions, but need more facts in a free consultation to give a proper opinion and advice.

Best regards,

James D. Jenkins

Disclaimer: this post is not intended to create an attorney-client relationship, and is general educational information in response to an anonymous question posted on Law Guru, and not intended to be specific legal advice in a particular case. See an attorney for specific advice in your particular case.

Re: probate

Probate should be opened in the state where the deceased lived. I would be cautious about having the original lawsuit attorney set up the trust and open probate. I don't know the circumstances, but it may be wise to consult with another attorney who specializes in probate. You may e-mail me if you would like to discuss this further.