Trust Beneficiary Litigation | Let’s Get to Work
- October 6, 2021 - Trust Litigation,
I’m Mike Hackard with Hackard Law. We focus on trust, estate, and elder financial abuse litigation.
Trust beneficiary litigation is messy. Messy doesn’t mean impossible. It means we have to get to work. I’m sharing with you some of the things we use when we get down to work.
Every case has its own facts. Its own nuances. One size does not fit all. Still, it’s good to have a general approach.
Our first meeting, whether in person, zoom, or telephone, identifies the real party in interest. For trusts, this means the trustee, a beneficiary, or disinherited beneficiary. This is what we call standing.
We address fee agreements. They are negotiable. Some cases are hourly. Some are contingency. Some are a mix.
Costs must be addressed. Costs are different from attorney’s fees. Every case has costs. Filing fees, investigator fees, document and subpoena fees, professional review of records, jury trial experts, mock jury trials, jury fees, and mediator fees if mediated. We don’t start, can’t start, unless and until we have a fee agreement.
Once signed, we can start. We engage the necessary consultants to begin our case. We prepare complaints, petitions, or ex-parte motions if appropriate.
Discovery ensues. All kinds of discovery – family members, witnesses, documents, medical records and public records. The case proceeds.
At some point the court orders a mandatory settlement conference. Voluntary mediations often occur around or soon after a settlement conference.
The parties decide themselves. Are they going to settle? Are they going to trial? What is preferable?
Most cases settle. Others go to trial. Restricted court availability weighs heavily in this decision.
Every case has its obstacles. Its hurdles. Its challenges. At Hackard Law we fight for justice in civil cases.
If you’d like to speak with us about your case, call us at Hackard Law: 916-313-3030. We’ll be happy to hear from you.
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