Helene Fenlon
Arizona Trial Lawyer With a Keen Eye for Legal Details
By Lynette Carrington
I
n her practice, Helene Fenlon uses her litigation skills as a positive force in preserving
family legacies. Those legacies include assets such as businesses and business values. She
represents family members and corporate fiduciaries in helping them resolve conflicts that
often arise in probate and trust matters. She also assists fiduciaries in managing the inherent
risks of the fiduciary role. “I also help people who have elderly relatives who are in need of
additional help when there is no power of attorney or when they need more, whether it be a
conservatorship, or a guardianship,” stated Fenlon.
Probation and trust litigation can encompass many different challenges. “It could be anything
from contesting the validity of the will—the signature is fraudulent or it was procured through
undue influence by one party who is favored in the document,” Fenlon said. “Or, the person
didn’t have the capacity at the time they executed the will—so that it wasn’t a valid will, or
it didn’t meet Arizona’s requirements for execution. The same is true for trusts; they’re just
different planning tools.” She truly cares about her clients and wants to see their hard work and
prosperity continue in to the future in the most beneficial ways possible.
One of Fenlon’s other practice areas has become more publicized recently—the area of
financial exploitation of vulnerable adults. Litigation can take place while the adult is still
living or after the adult has passed away. “Arizona has statutes in place protecting vulnerable
adults,” noted Fenlon. “Basically, if you’re in a position of trust and confidence for a vulnerable
adult, you can only use the assets for the benefit of that adult, unless the court approves the
transaction or gifting is provided for in the planning instrument.”
“Sometimes, in an attempt to assist families and save expenses, you have to go to court
to modify a trust or enter into a family settlement agreement because there has been a change in
circumstances. At times, it makes sense to ask the court for instructions on how to proceed,” Fenlon said. She also guides fiduciaries
through the court accounting process to make sure they are complying with court rules and is available to assist the fiduciary in
answering the court’s or the court accountant’s questions and in formulating responses.
Fenlon has been practicing for 22 years and previously worked as a litigation associate and later a litigation partner at Gallagher &
Kennedy, as well as a litigation associate at Jennings, Strouss & Salmon. When she first started practicing, she did tri ?v?&???F?P???7W&?6RFVfV?6R&Vv??6?&W&VB?W"vV??f?"F?R&?v?'2?bF?RF?66?fW'?&?6W72??FW"?6?Rf?7W6VB??6???W&6???F?vF???????6?VF??rg&VB?B'&V6??bf?GV6?'?6???2?( ?f??r?V?FW'7F?F??r?b&?&FR?BG'W7B?r?6??&??VBv?F?F?RW?W&?V?6R?`?6??GV7F??r6???6FVBF?66?fW'???27V6??6?????'&??rF?F?RF&?RF?B???V??R&7F?6??r??F?R&?&FR?BG'W7B&VF???@??fR?( ?fV????W????VB??( ?&Vf?&R?vV?BF??r66?????v2&??W???W"?B?6?v?&?VB2'VFvWB??7B?( ?fV????7FFVB?( ?V?FW'7F?B??B?????p?f???6????7F?GWF???2?W&FR?'WB?6???rF?&VBf???6??7FFV?V?G2?6????????F?vF?'2F???B?fR?( ?6?RF?W2'&??rW?W'@?v?F?W76W2??v?V??V6W76'??'WB?B?2f?VRF??W"6?V?G2F?B6?R?76W76W2'&?B?&6VB???v?VFvR?b????W??77VW2??66R??fV?????276?7FVBF?R6?G&F??( ?6????"6???VvR?b?r??F?ffW&V?B&??V7G2???6?VF??rF???r'B??F?R??VwW&?v??B( ???vfV?WfV?BF?B?2FW6?v?VBF?&?6RgV?G2f?"66???'6??2?B?F?W"???F?F?fW2BF?R6?G&F??( ?6????"6???VvR?b?r?v?W&P?fV?????'F??VB?W"?W&?2F?7F?"??( ?F????&"6W'f?6R?2????'F?B7V7B?bv?B?w?W'2F??B???v??&V6???V?B?BF???V?r?w?W'>( ?fV????W????VB?6?P??26W'fVB??F?R&?&B?bF?&V7F?'2?B2&W6?FV?B?bF?R66?GG6F?R&"76?6?F??????F?R#?VF?6??W&f?&??6R6??fW&V?6P?FV?f?"F?R7W&V?R6?W'B?b&?????Bv26???76???W"?#"?#??f?"F?R?&?6?6?V?G?6???76?????G&??6?W'@????F?V?G2????r????F?W"&?fW76????76?6?F???2?B?V?&W'6??2??26???&7F?F???W"v?F???6?Rf?7W2?6?R?gFV?6???&?&FW2v?F??F?W"GF?&?W?2?'F?7V?&?W7FFR???W'2?6?RV????2F?P?6?&FW&?R&WGvVV??w?W'2?Bf?VW2F?R&?fW76????&V?F???6??26?^( ?2&VV?&?RF?6??7G'V7B?fV????&V6?FW2F?R???v?VFvP?F?B6?&R6?&VB&WGvVV?&?fW76????2?BV?6?W&vW2GF?&?W?2F?&?BF?vWF?W"?fV????????2f?'v&BF?6??F??V??rF?6W'fR?W ?6?V?G2??W"fV???rGF?&?W?2?B?W"6???V??G?f?"?V'2F?6??R??V?V?R2?fV?????S?RR??'Ff?&BG"?7V?FRs ?66?GG6F?R???S#SP??C??S?B?3##0?wwr?fV??r??W@?f???R???GF?&?W?B?r?v???\*?w&VFW"??V??3P???