Estate litigation is an important step that carries with it the possibility to change the course of a will or trust. But then it’s also a lengthy and an expensive route to do so. A will or trust fund can be challenged if undue influence or elderly financial abuse is suspected, within the time frame given by the statute of limitations as per the state’s probate court. Moreover, the court time is valuable hence all the procedures must be carried out in a timely manner accurately to ensure efficiency, both in terms of resolution and expenses incurred, since these expenses will usually be paid off from the estate or trust fund.
Oakland County in California had more than 15000 active cases of estates, trusts, adult and minor conservatorships and guardianships along with civil and other matters by the end of 2011. This is not the only reason why an Oakland estate litigation lawyer must be contacted. Building up a case against undue influence or abuse in a will or trust needs to be done in an economically and well-timed manner which is possible with thorough knowledge of the law provisions in California.
Knowing all there is to know in a particular situation is the only way to begin amending it. Information needs to be collected without any waste of resources. Pre-litigation discovery can be essential to be able to file a specific complaint. Moreover, a formal account of matters can be obtained from the conservator or guardian, personal representative of an estate, trustee, and an agent under power of attorney by serving a formal notice of the procedure. Information from title companies and by way of hiring a private investigator can prove to be useful.
An experienced law firm in Oakland California will know the various lawful methods by which substantial information and evidence can be obtained and have the manpower to spread out and reach the various sources. Other than the sources mentioned above, there are still the financial records from various parties including the defendant, during interrogation and mediation.
Preventing Defendant’s Escape
It is safe to assume that the defendant would have some escape routes figured out. Hence, it is important to prevent circumstances like declaration of bankruptcy, selling off the property, making gifts of the said property, etc. Oakland estate litigation law has many provisions that can be imposed upon the defendant to prevent his/her escape and protect the assets in question, and the elderly if alive and vulnerable or prone to financial abuse. During mediation, the defendant can be given a clear picture of how the entire process will eventually unburden itself on him. Another way is to let the attorney know that he stands a good chance of not recovering his fees.
It is essential to come down heavily on the defendant for a successful resolution which can be achieved with an estate litigation attorney.