The Litigation Process
If our probate litigation lawyers need to move forward with a claim for you, we will file a lawsuit in your name stating your claims against the individual or individuals involved with the estate. If a complaint has already been filed against you, we will answer it on your behalf. If you file a complaint, the other party has the right to respond with a defense and/or their own allegations against you.
A complaint filed in probate court might ask the court to:
In many cases, a judge will order mediation after a complaint has been filed. In mediation, a neutral third party, such as a retired probate court judge or attorney, tries to guide the parties toward a compromise resolution.
Discovery Phase
If mediation fails, a lawsuit moves to the discovery phase. Discovery requires each side in the case to share their evidence with the other side and for each party to the case to answer the other side’s questions in a sworn deposition.
Discovery is meant to let each side know the facts of the case so they may argue the law in court. Discovery usually helps each side understand how strong their case is.
Trial and Settlement Options
Many trust litigation cases are settled after discovery. A case may be resolved at any point, even during a trial, if it is before the court reaches a verdict. We will present all settlement offers to you along with our recommendations about whether the offer is reasonable. Whether to settle is your decision. If a case cannot be settled, we will be prepared to take a strong case to trial and apply our experience as trial attorneys to advocate for you.
If your case goes to trial, we will prepare you for what to expect in court. We are committed to understanding client priorities, involving them in strategic decisions, and working closely to achieve their goals.
At trial, each side presents an overview of the case, and then the party that initiated the case presents witness testimony and other evidence. Each side has an opportunity to cross-examine the other side’s witnesses. To conclude, each side presents a closing argument.
You will not be required to testify, but the opposing side can cross-examine you if you do testify. We will discuss whether you’ll need to testify and prepare you if you do. We cannot tell you how to answer questions. However, we can tell you what we will ask you and the questions you are likely to face under cross-examination.
Most probate cases are heard by a judge, but elder abuse cases go before a jury. After the trial, the judge has 90 days to issue a decision. A jury usually begins deliberations right away and can take several hours to a few days to return a verdict.
Get In Touch With Our Experienced Trust Litigation Lawyers in Los Angeles, CA
If you have concerns about the will, trust, or estate of a recently deceased loved one or you are involved in a probate dispute, a trust litigation lawyer with Albertson & Davidson LLP can provide guidance. Our experienced California trust litigation attorneys can advise you of your options and represent you throughout the whole process.
We are tough negotiators and hard-nosed litigators. In keeping with the motto of our law firm, “Stand. Fight. Win,” our legal team has recovered more than $250 million in verdicts and settlements for deserving clients throughout California. Contact us online or at (800) 601-0170 today for a free and confidential consultation.
To consult with an experienced Estate Litigation Attorney serving Los Angeles, CA, call
(877) 637-7234