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"Go/No Go" in Estate Litigation

Estate Litigation: Requirements for Go/No Go.jpg

We entrust our lives to airline pilots. We know that their training is a primary focus on safety and procedures that ensure safety.

So when we passengers experience the plane's acceleration down the runway, we take for granted that our pilots' training will enable them to accomplish a successful takeoff.

What we don't see, however, are all the safety procedures the pilots are executing to make our flight possible. If our pilots encounter any potential problems on the runway, they must decide whether to continue takeoff or abort it for the sake of everyone's well-being. It's a critical moment known as "Go/No Go."

In estate, trust and probate litigation, attorneys must take similar steps to ensure that a case is viable, leading to the Go/No Go moment. Just as pilots have a duty to ensure passenger safety, our main mission as estate attorneys is to protect our clients. That means we need to make sure that the essential elements for the "takeoff" of a case are present and ready to activate. The pilot runs an instruments check, and we run a check of legal basics on the viability of the case, venue, jurisdiction, currently available evidence, likely discoverable evidence and case timing. Once we've revved up the engine by filing our case, we may begin the processes of full-scale litigation: down the runway we go.

As our case progresses, there are some key signals we will receive. With the matter entered into the California Superior Court system, we'll receive a response from our opponent. Discovery ensues. There are many Go/No Go decisions. Depositions? Early mediation? Pretrial remedies? All of these are directed ultimately to a court or jury trial and the recovery of assets for wronged heirs or abused trust beneficiaries.

If you are facing a potential estate, trust or probate litigation case, call us at Hackard Law. We have decades of experience in successfully protecting clients and safeguarding their futures. You can reach us at 916-313-3030.

Estate Litigation: Go or No Go? from Hackard Law on Vimeo.

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