Integrity. Experience. Perseverance.

Assertive Counsel For Estate And Trust Litigation

Grieving the death of your loved one takes time. Sometimes, however, you may need to manage issues regarding their estate. And when you have family members who have conflicting interpretations of your loved one’s dying wishes, hiring a lawyer may be your best option for addressing conflict. , can advocate for you or your deceased loved one’s best interests during estate and trust disputes.

How The Process Works

Numerous steps can be involved in an estate or trust-related dispute in California. Here is a breakdown of them:

Estate Or Trust Dispute Preparation

If you’re taking a family member or loved one to court, our staff will work with you to collect all the necessary evidence and documentation crucial to making your case. Once we have all the information, we can file a petition or complaint to the court with what we know.

If a family member or loved one is taking you to court, how you prepare for litigation may look different. First, our attorneys would prepare and file an objection or response to the claims made against you. Once the filing is on record with the court, we would typically enter litigation.

Discovery

Discovery consists of a few different components. Here is a breakdown of the discovery process:

  • Written interrogatories: This is when one party formally asks a question that the other must answer. Interrogatories can include demands for documents, such as letters, emails and text messages, as well as admissions requests. These are statements that the opposing party must admit or deny.
  • Subpoenas of third-party businesses: Subpoenas are formal requests requiring someone to appear in court. Some examples of third-party businesses that may get subpoenaed for estate or trust litigation include medical or financial professionals who have access to family records.
  • In-person depositions: This is where attorneys from one party obtain testimony from witnesses before trial.

Let our firm help you prepare and navigate this process successfully so you can increase your chances of seeking your desired outcome.

Mediation

During the discovery process, you may find that you can solve your dispute through mediation. Mediation is an alternative dispute resolution process that doesn’t involve going to court. During mediation, a third-party mediator will listen to both sides and work with you to agree on a settlement. Even if mediation is unsuccessful, it can help you flush out the strengths and weaknesses of your case long before you engage in litigation.

Trial Preparation

If mediation is unsuccessful, litigation is typically the next step. Trial preparation can take anywhere from two to four weeks. During this preparation, your attorney will organize evidence, prepare exhibits and prep witnesses for examination.

Estate and trust litigation trials can last a few days to a few weeks – this all typically depends on your case’s circumstances.

Get Sound Legal Representation Today

Our team of attorneys can help you confidently navigate estate and trust litigation matters. Call us at 916-727-6904 or fill out our contact form to schedule a consultation.