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Excluded from Your Will in El Dorado County? 5 Things to Remember

El Dorado County Will Contest Estate Litigation

Have you been disinherited in a family Will or Trust for El Dorado County? What can you do now? You have to examine your options in the Probate Department of the El Dorado County Superior Court. Here are five things to remember.

1) Damages.

Northern California probate litigators representing their clients in the El Dorado County Superior Court know that understanding and identifying the facts supporting your claims are critical to success. This can be difficult when you are upset after finding out that there is likely wrongdoing associated with your loved one's estate. Probate litigation is often a matter of asking the right questions. Questions to consider include: 

  • How are the assets of the estate held?
  • What is the likely value of the estate?
  • Are you being excluded from some assets that will likely be owned and used by family members over a longer period of time (vacation houses, ranches, etc.)?

You should identify an experienced and effective litigator who will be able to assist you in identifying and proving damages.

2) Time is of the Essence.

  • If you want to remedy and right the wrong, you will likely need to file a lawsuit.
  • The law does not reward those who sit on their rights.
  • Estate litigation has a number of time constraints and easy pitfalls.

3) Do Your Homework.

  • Are you sure you were cut out of the will, trust or estate?
  • Make sure to check up on the estate and see what is going on.
  • Has and Administrator/Executor and/or Trustee been appointed by the Court?

4) Make a Plan.

  • Make sure you have an experienced probate lawyer that can prepare a plan for your El Dorado County Will or Trust contest.
  • Inexperienced lawyers may attack a case piece by piece but experienced estate, trust and probate litigation lawyers attack with a plan.
  • Has your lawyer explained step by step what they plan to do?
  • Do you have an estimate of what this is going to cost you?
  • Have you considered a contingency fee to prosecute your case?
  • Remember the old saying - "If you fail to plan, you plan to fail."

5) Do You Want a Jury Trial?

  • When you file your lawsuit you will have a choice between a bench or jury trial. Do you know the difference?
  • Do you know that you may have the right to file a separate lawsuit in the Superior Court that is separate and aside from the action in the probate court?
  • Have you considered how your case would look to a jury?

All these questions are important factors to consider when looking at your estate case. You can contest a will if your inheritance has been lost, but you need an attorney with a record of excellence. As the lead partner at Hackard Law, Michael Hackard fields a lifetime of experience and success in estate, trust and probate litigation. Call us today at 916-313-3030.

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