Finding a good lawyer can be a challenge especially if you don’t know anyone who knows a good lawyer. This is one of the biggest problems that heirs and beneficiaries face, especially the ones who have questions and disputes about their estates and trusts. Wherever you are from, there will be qualified and experienced trust litigators who might just be a phone call away.
Probate, estate, as well as trust litigators would be able to help you when taking different actions that may be associated with unfair administration, executors, trustees, and also financial elder abuse. The problem may depend on the individuals affected by the wrongful acts. More information about probate attorneys are available at www.barrattorneys.com. So here are the trust and estate litigation stages that you might go through.
Investigation And Research Process.
This is the very first stage of the process. This is where the pieces of evidence are gathered and the initial assessment is being done. The trust litigation attorney will help you do an extensive legal research of any information that might be needed on the case. Every data that are gathered at this stage might be the key to winning the case.
Pleading or Petition
This is the start of the lawsuit. Once a Petition is filed, this will be forwarded to the interested parties with the Notice of Hearing. It will include the date and time of the first hearing. Whether the party other agrees or objects, they would need to respond by a “Response” or an “Objection.”
Discovery And Mediation
This is the most important part of the trust litigation except for the trial and the most expensive as well. This is where the written discovery and depositions are involved. If say no one wins after the trial, the mediation will happen. Everything should be settled at this stage. This is by far the best outcome in terms of the cost of litigation between the mediation and the trial.
Witness, Trial, And Preparation.
At times, a witness is needed to testify which can be done by both parties involved. During the trial. The witness is prepared to testify as well. This part will also involve subpoenaing the third-party witness for them to appear on the trials. This is also where the opening and closing statements are drafted. You may also undergo direct and cross-examinations and prepare any motions to exclude and include evidence.
When To File An Appeal?
If in any case that you lost the trial, you can file for an Appeal. However, most cases are not appealed because of the low success rate. Your lawyer will also help you determine whether filing for an Appeal will be worth it on your part. Lawsuits can be stressful, especially if we don’t know what we are doing. This is why it is important that you have a good trust litigation lawyer so you will be assisted from the start until the end of the process.