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The following article was published in our article directory on April 13, 2018.
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Article Category: Advice
Author Name: Jeffrey R Loew, Esq.
When it comes to the division and distribution of assets, people can acquire wills & trusts. And when problems regarding inheritance arise, family members can file for trust & estate litigation case.
A trust is a legal arrangement allowing a person or an institution called a �trustee� to act on behalf of the testator. A trustee has a lot of responsibilities including fiduciary roles, read and allocate portion of assets to beneficiaries, and follow standards of investments to preserve the value of an estate.
Trust litigation is likely to occur when the trustee failed to communicate, becomes uncooperative, or engage in a theft that would leave the heirs in a problematic situation. With the assistance of a lawyer specializing in estate planning and litigation, the executor can be removed as a trustee and force him or her to reimburse the estate.
Trust and estate litigation is a broad area of law and requires the assistance of a lawyer. Anyone who gets embroiled in a trust litigation case should seek a competent attorney who could navigate the case to the path of success and handle all of the necessary documents, discovery, dispute resolution, and trial.
Why Are Trusts or Wills Contested?
Other situations associated with improper probate administration and trust administration include the following:
� Distributing inheritance outside probate
� Not completing a probate
� Coercing a decedent or elder abuse
� Assertion of undue influence
� Inconsistencies in estate planning documents
� Breach of fiduciary duties
Unfortunately, the circumstances mentioned above are likely to result in litigation that could take up time, effort, and money for both the petitioner and the defendant.
Trust & Estate Litigation Process
The case for trust & estate litigation begins with the gathering of evidence, documents, and other information necessary to prove the claim. Afterward, the trial will begin. Here is what you can expect during the litigation trial:
Opening Statements
The trial will begin with the opening statements of the prosecutor and the defendant. The lawyers representing the case will provide the overview of their claims.
Presenting Witnesses
After presenting the overview of the cases, the petitioner will call his or her witness to testify and answer questions of both the petitioner and the defendant. Necessary documents and evidence will also be shown and examined during the direct examination and cross-examination.
When all the witnesses and evidence were presented, the petitioner can rest its case and give the defense the chance to state their rebuttal.
Closing Statements
When the petitioner and respondent have presented their witnesses and evidence, both sides can now state their closing statements and make their final appeal and arguments.
Issue A Decision
If the presiding judge finds that he or she has seen enough evidence, he or she can then provide a decision. However, it usually takes about 90 days for the judge to make a comprehensive analysis of the case and come up with a decision.
In short, getting involved in a lawsuit is not easy. It is even more challenging when the case pertains to civil litigation, trust administration, probate administration, estate litigation, or elder abuse litigation because these cases often involve a dispute over money and family matters that could further tear relationships apart.
Keywords: Probate Administration | Probate Litigation | Estate Planning | Estate Litigation | Wills & Trusts| Trust & Estate Litigation | Trust Administration | Elder Abuse Litigation|Civil Litigation
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