Two Approaches for Estate and Trust Litigation

Conservatorship Lawyer Folsom, CA

There are a couple approaches that can be used in attempt to resolve estate or trust disputes. At Yee Law Group, PC, we have found that these approaches can be very helpful, especially during such a sensitive time filled with emotions and grief. After a loved one passes away, they leave behind a legacy. This legacy that can be carried on for generations to come may include property, belongings, special treasures and even monetary amounts. Disputes over how a trust is handled or to be distributed is very common. Even if the loved one who passed on was very detailed and thorough in their trust, an unhappy beneficiary or relative may request the trust to be contested anyways. When a trust is contested, this means the person believes the estate is somehow not accurate or lacks validity.

In this article, we cover a couple approaches to litigation that can help resolve an estate or trust related disagreement.

#1 The Traditional Approach

Generally, finding solutions over disputes regarding an estate or trust often means going through litigation. When a disagreement arises, it commonly is due to the party not trusting the appointed executor, not fully comprehending the estate administration process, are unsure about their rights or duties, or do not have faith that their interests are protected. During the litigation process, an attorney is often hard at work to help their client gather supportive evidence, attend hearings and provide witness testimonies. Unfortunately, it is not uncommon for each side of the litigation to grow in hostility, resentments and perhaps even an outright destruction of an amicable relationship. An attorney at Yee Law Group, PC can handle the litigation proceedings with tact, diligence and compassion.

#2 Mediation

During mediation, there is an unbiased and neutral third party (mediator), who meets with the opposing parties regarding the disagreement. The intention is for the mediator to help these parties reach a resolution that they are both happy with. An attorney at Yee Law Group, PC can even be of help when trying to find a middle ground between each side. It can take up to one, or multiple meetings before a solution is found. The mediator is trained to help each side find a common ground and work through their opposition. Attorneys are not required to assist in the mediation process, but it can help to have a legal professional on your side working for you behind the scenes. Sometimes, a judge actually requires the two parties to attend mediation before litigation may begin. If for any reason a settlement is not reached during mediation, then litigation is to continue. If one or both parties are unwilling to cooperate, then mediation will likely fail fairly quickly.

At Yee Law Group, PC, we believe in protecting the rights of people and helping them find peace during an estate dispute. Not only is this time particularly fragile due to healing from the loved one’s passing, but now there must be the added stress of a legal battle. Let us help you get through this turbulent time.