Trust litigation occurs when there is a dispute between parties to a trust that requires intervention by the court. This dispute can be between co-trustees or between beneficiaries and trustees regarding the validity of a trust or the trustee’s management of a trust. Often litigation is between family members and can be very detrimental to the well-being of an extended family. Sometimes going to trial is necessary, but trial should always only be used as a last resort if settlement is not an option.
In probate, the court examines and determines how to properly administer the decedent’s estate and distribute the estate’s assets either through a will or intestate succession laws. Sometimes there is a contest or dispute either regarding the validity of a will, competing petitions to administer the estate, or determining who is entitled to a distribution under the estate or will. Again, going to trial for these matters should always be considered only as a last resort.
Family Law Litigation
If parties cannot reach an agreement during divorce or legal separation proceedings or in a post dissolution matter, then litigation may be necessary to resolve the issue at hand. Part of having good representation is knowing when litigation is necessary and when it is wasteful and unnecessary. The attorney has as much of a duty to prepare her client for realistic outcomes as she does for advocating for her client. Family law litigation involves resolving contested divorces (dissolutions) and other related issues that arise alongside it. Family law litigation can commonly involve disputes with: Divorce, custody and parenting time, excess child support, retirement and more.
Elder Abuse may include the physical, emotional, or financial harm against an adult 65 years or older and can include exploitation and neglect. Often, elder abuse can be inflicted by an individual directly responsible for the care of the elderly person or from family members who may take advantage of a relative’s vulnerabilities. Litigation against the responsible party can be pursued by the victim or a family member with standing seeking relief. If you are aware of or suspect elder abuse, contact Adult Protective Services, but court intervention may also be necessary to get an elder abuse restraining order in place or to go after property or assets that have been wrongfully taken from the victim.
General Civil Litigation
On a case by case basis, our office will conduct general civil litigation when necessary. Often these cases are related to a specific family or probate case but require a specific civil remedy.
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