Trust litigation can come into play when there is an issue with a person’s estate after their death or a problem with probate. When there is an issue with a trust or concerns that it is not being handled appropriately, litigation may be necessary to fix the problem or find a solution that is beneficial for everyone. Before getting ready to go to court, it is important to speak with an attorney who has experience in trust litigation and can provide information on the strategies needed to be successful.
Know What is Wrong
Before talking to a trust litigation and probate firm, consider what is wrong and what possible solutions exist. Though an attorney can answer these questions, it is important to be able to explain the situation to them during a consultation and to have an idea of what solution might be desired. An attorney can let their client know if that solution is possible, if there is something that may be better, or if the case will need to go to court to be settled by a judge.
Know When to Settle
Litigation begins by filing the case with the courts. It is highly recommended to work with an attorney for this to ensure all paperwork is filled out properly and that it is submitted on time. There may be a statute of limitations that is applicable, in which case the paperwork can’t be filed if it is past the limit. Once the paper is filed, the opposing party has time to file a response. From there, most cases go through negotiations.
Negotiations are done before a case goes to court. They involve both sides discussing the case and determining if there is a settlement everyone can agree on. If there is, the case can be solved here and won’t need to go further. It is worth looking into potential settlements, as going to court can be incredibly expensive and time-consuming. Most cases are resolved with a settlement, but if this isn’t possible, the next step may be to go to court.
Know When to Go to Court
If it isn’t possible to reach a settlement or a court order is necessary to unwind potential issues with the trust, the next step may be to go to court. A lawyer can help their client determine if this is the right move. If the case goes to court, the court system will set a date for the initial time in front of the judge. From there, the steps taken can vary. A lawyer will help their client know what to expect and how long it can take.
Know What’s Needed for Success
Those who are planning to go to court for resolution with a trust will want to speak with the lawyer to find out what is needed for success. They may need to hire an expert witness, may need to do forensic work to discover where the money went that was supposed to be in the trust, or hire a private detective to uncover evidence. A lawyer will know exactly what’s needed to make it more likely the case will be successful.
If you’re having any issues with a trust, whether it’s not being paid out properly, there isn’t enough money in it according to how it was set up, or there is an issue with probate, it’s time to talk to an attorney. They can help you determine what is needed to successfully navigate the case moving forward.
