In a striking legal battle, an Arizona resident has accused her family members of engaging in a complex scheme to defraud the court and misappropriate estate assets. The complaint was filed by Stefanie A. Kuerschner in the United States District Court for the District of Arizona on February 4, 2026, against James T. Kuerschner, Michael Kuerschner, and the Joan F. Kuerschner Irrevocable Trust.
The case revolves around allegations that the defendants deliberately corrupted state-court proceedings following the death of Thomas W. Kuerschner, DDS. According to Stefanie Kuerschner, they suppressed and destroyed crucial evidence, diverted marital and estate assets, and manipulated court-issued authority to block judicial review and retaliate against her attempts to expose their misconduct. The complaint is not merely an appeal of probate rulings but a federal civil rights action arising from independent wrongful acts during probate proceedings.
Stefanie previously filed a similar case in 2024 which was dismissed without prejudice due to lack of discovery. She claims that at that time, the defendants had exclusive control over financial records and trust documentation necessary to establish their misconduct. As such, she argues that dismissal without prejudice allows her to refile because continued concealment by the defendants prevented a fair presentation of claims.
Central to Stefanie’s accusations is the assertion that James T. Kuerschner acted under color of state law through his appointment as Personal Representative in Arizona Probate Matter PB2021-003597. He allegedly used this position to submit false filings and suppress evidence with significant assistance from state officials—actions constituting joint participation sufficient for liability under 42 U.S.C. § 1983.
Stefanie further alleges that her right of access to courts was violated when defendants retaliated against her protected petitioning activity by imposing filing restrictions and attorney-fee judgments based on fraudulent representations—actions intended to silence her efforts to uncover fiduciary misconduct.
The plaintiff seeks various forms of relief including declaratory judgments recognizing fraud on the court and violations of constitutional rights; restitution for unjust enrichment; imposition of a constructive trust over wrongfully retained assets; full accounting of funds derived from marital income; injunctive relief prohibiting further destruction or concealment of evidence; among other equitable remedies deemed just by the court.
Representing herself in propria persona, Stefanie A. Kuerschner brings this case before Judge John J. Tuchi under Case No. CV26-00713-PHX-JJT.
Source: 226cv00713_Kuerschner_v_Kuerschner_Complaint_District_Arizona.pdf
