Guide to the Process and Stages of Trust and Estate Litigation

Understanding the process and stages of trust and estate litigation is much easier with a clear guide. The process typically unfolds in distinct steps, from research and investigation to a final resolution or appeal, and this procedure helps to address disputes with a structured approach.

The informative and compassionate attorneys at Hackard Law are here to help you navigate every step along the way. Here is our comprehensive guide to trust and estate litigation.

Research and Investigation

The first stage of trust and estate litigation centers around research and investigation. While working on a case, our legal team gathers as much information as possible to help us evaluate the strength of beneficiary claims and develop appropriate defenses. This process often involves reviewing the estate’s documents, such as wills, trusts, and financial records, which help us determine our next move.

Submitting a Pleading

Once we complete the research phase, we move on to the pleading stage of the litigation process. This step involves filing a petition with California’s probate court. This formal document outlines your claims and desired outcome. The opposing party then has 30 days to answer our petition and present their defense.

Discovery

During the discovery phase of trust and estate litigation, our legal team focuses on gathering evidence that supports our case. We may collect interrogatories, demand documents from other parties, and take sworn testimony, including that of expert witnesses.

Mediation and Negotiation

Going to trial is time-consuming, and our law firm’s goal is to settle your trust and estate disputes through negotiation or mediation before asking the court to intervene. In some instances, a court case may be our only recourse, and we are prepared for that fight if necessary. However, having us present as a third party may facilitate a resolution by allowing heirs to express their differences and reach a mutually beneficial agreement before a judge steps in.

Trial and Preparation

If our attempts at negotiation or mediation fail, we begin the trial preparation phase of your trust and estate litigation. Our firm organizes the evidence we collected during the discovery stage and develops the legal arguments we plan to present to the judge. Both sides present their cases, and the court makes its decision based on the evidence.

Appeals

If the probate court’s decision is unsatisfying, and we feel that the judge made a legal or procedural error, it may be possible to file an appeal. The Court of Appeal in the California district where our litigation originated would hear our trust or estate case and hopefully deliver a different outcome.

Contact a Skilled Trust and Estate Attorney to Discuss the Litigation Process

The compassionate team at Hackard Law could be your guide to the process and stages of trust and estate litigation. Our attorneys could help you find the best possible resolution in your unique circumstances. We are here for you and your family when you do not know where else to turn to get the satisfaction you deserve. Our firm does not bill you if we do not win your case. Contact us now to learn more.