In the field of wills and trusts, there are many problems that can occur which have to be resolved by litigation. Litigation can entail a contest of a will, where the validity of a will is disputed. Disagreements will arise about the execution of the will, the right of the deceased to render a will, the allocation to the beneficiaries, the disinherited heirs or other provisions of the will. Learn more about Geonetta & Frucht, LLP – San Francisco Employment Attorneys.
Litigation can also arise from trust disputes, such as whether the trust has been properly executed, the interpretation of trust terms, the competence of the individual to execute the trust, whether there has been any improper interference or fraud, the rights of beneficiaries or unnamed heirs, or questions relating to the administration of the trust by the trustee. Both heirs and trustees can find themselves seeking the assistance of the probate court to resolve trust problems.
Conservatorships, elderly neglect (physical or financial) and special needs trusts are other fields that may have concerns that need to be addressed by litigation.
Litigation of probate and trust may also be resolved outside of a trial by arbitration, mediation, or other determination. It is generally a judge’s trial with a Probate Court making the decision whether there is a trial. It is important to recognise that you need an estate planning attorney who is familiar with the litigation process if you are involved in litigating one or more issues in these areas. In a jury, not all attorneys are relaxed or have the trial experience to handle litigation.
You should get the estate planning documents drawn up by an estate planning attorney familiar with the complications that can arise in lawsuits if documents are not properly drawn up in order to prevent your own will or trust from being questioned after your death. Documents that were deliberately and adequately designed to prevent problems may have prevented many situations in which litigation exists.