John R Fitzpatrick

The number of disputes arising out of family trusts has increased with the increased use of trusts as estate planning devices. Problems most often arise by a trust prepared without the benefit of legal counsel. Regardless of the document's source, trustees have fiduciary duties to act in the best interest of the beneficiaries. Sometimes those duties are in conflict with each other; sometimes those duties conflict with the trustee's personal desires; and sometimes those duties are ambiguous.

25 years

Probate is a court process for passing one's estate to others. Inheritances can arise from a will, intestacy (absence of a will), non-probate transfers, or statutory benefits for spouses and children. Often there are disputes concerning one's will. The most common are questions about whether the will or an amendment thereof is valid, whether a relative left out of the will is entitled to a portion of the estate, and how to interpret the meaning of ambiguous words and phrases used in a will.

25 years

John Fitzpatrick handles litigation matters involving probate and trust disputes, contested guardianship and conservatorship matters, financial exploitation and elder abuse cases, and commercial and real estate controversies throughout Arizona. He also handles arbitration and mediation matters either as counsel or as the neutral. He enjoys a successful appellate practice as well.

33 years

John Fitzpatrick has handled a number of appeals throughout his career.

29 years

Elder law wncompases many things, but John limits his elder law practice to assisting the elderly in disputes over trust and estate matters, guardianship, consevatorship, powers of attorney issues, inheritance, and exploitation disputes.

25 years

John believes if mediaiton and arbitration as alternatives to standard dispute resolution through the courts. He has participated in many such proceedings as counsel for a party, and he has himself served as both mediator and as arbitrator.

30 years

John does not generally draft estate plan documents, but as a litigator in this area of law, he is well versed to advise as to dispute concerning the same. John also partners with some of the finest estate planning attorneys in Arizona.

25 years

In Arizona, A guardian is appointed by the Court to take care of a incapacitated adult or minor child (called a "ward"), make health care, education, and certain legal decisions on the person's behalf. A Guardian may also sue for injury to the Ward. A Conservator is a person appointed to handle the financial estate and affairs of one incapable of handling such affairs and finances (called a "protected person"). A conservator, for example, may sue and be sued on behalf of the protected person.

25 years