Probate Court Litigation

Does a letter from a lawyer work to resolve disputes?  Not usually.  And having opposing lawyers write letters back and forth is a great way to incur legal fees, but not so great in getting anything resolved.

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The inherent problem with letters is that there is no penalty for ignoring them.  A lawyer can threaten

In our first Tools of War post we set out three general categories of information you need to know to be successful in trust and will litigation.  They were:

  • Civil procedure—things like motions and demurrers
  • Civil discovery—written discovery, depositions, and expert designations
  • Rules of evidence—including foundation, hearsay, and relevance.

Civil procedure and civil discovery we

Want to know why beneficiaries lose Trust and Will cases?  They fall prey to the “greedy heir” defense.  The greedy heir defense goes like this: a beneficiary challenges the wrongful acts of a Trustee and the Trustee responds by saying the beneficiary is just greedy.  Or an heir who has been disinherited challenges a Trust

In our last post we set out three general categories of information you need to know to be successful in trust and will litigation.  They were:

  • Civil procedure—things like motions and demurrers
  • Civil discovery—written discovery, depositions, and expert designations
  • Rules of evidence—including foundation, hearsay, relevance, etc.

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Civil procedure we discussed.  Now let’s tackle civil