Wronged heirs and abused beneficiaries often express a feeling of frustration that the system is rigged. Wrongdoer trustees may engage in wasteful trustee spending defending their own misdeeds at the cost of the trust - ultimately at the cost of the wronged beneficiaries. It may take a good deal of time and a great deal of expense to finally get to a hearing or trial to provide proof of wrongdoing. The realities of an underfunded California Court system trying to process a heavy litigation case load inevitably raise concerns that justice delayed can truly be justice denied.
Excluded heirs or beneficiaries are often the decedent's children. The decedent worked hard for his or her money and the wronged heirs often need to hire a probate, trust and estate litigation attorney to work hard to protect it - and them.
Early mediation may provide a more efficient, more effective approach for the disputing parties. So many times in life we need a referee. A referee helps us to save face and to overcome bitter, hardened positions that make resolution impossible.
Trust, probate and estate litigation attorneys that challenge trustees, administrators and executors provide their clients choices based upon the legal underpinnings of their case. Is there financial elder abuse? Is there undue influence? Has the trustee breached his duty to the trust beneficiaries - favoring his own interests over those who are supposed to benefit from the estate?
There are times when early mediation in trust litigation works very well. Of course, effective counsel will ensure that his or her clients are protected and prepared for the process. Inexperienced lawyers may view such offers of early mediation as a sign of weakness. Experienced lawyers, long in the litigation ring, can use the process in the way that a vaccine inoculating a person against a disease is far better than a hospital stay treating a disease. A good doctor will tell you that inoculation is smarter, safer and easier on the mind and body.
In the same way, if the stress of protracted litigation can be avoided, an early mediation set soon after or even before litigation may be far more efficient, effective and emotionally satisfying than a settlement at the courthouse steps reached after two years of taxing litigation.
You might be facing trust and estate litigation. You want someone on your side that is capable of fighting the battles you need to be fought and knowledgeable enough to know that early resolution might ultimately be far smarter than months or years of destructive lawsuits. At Hackard Law we're dedicated to the best outcome for our clients. Call us at (916) 313-3030. We will be happy to speak with you.