Litigation refers to the process of resolving legal disputes through the court system. It involves a formal legal action taken by one party against another, seeking a resolution to a disagreement or legal relief for a wrong.
Litigation is a highly complex process governed by strict rules of civil procedure, and the adversarial nature adds further challenges and stress. If you are involved in litigation, there is usually a lot on the line.
When litigation is necessary regarding the administration of an estate, it can also be an emotionally charged issue involving family members. It is critical to have an objective and experienced litigator representing your position in the matter, so you receive a fair outcome.
For assistance with estate litigation, consult with our legal team at Pedder Hesseltine Walker & Toth today.
How Litigation Works
The litigation process begins when one party files a complaint or lawsuit against another party. The defendant then responds to the allegations, and both parties begin to engage in the legal process.
Litigation can cover a wide range of legal matters, including civil disputes, such as personal injury claims, contract disputes, or family law matters, as well as criminal cases. Probate courts oversee litigation relating to estate disputes. No matter the type of legal action, litigation is a complex and time-consuming process that requires thorough preparation, legal knowledge, and effective advocacy.
Overall, litigation is a fundamental aspect of the legal system, providing a formal mechanism for people and organizations to seek remedies for grievances and ensure a fair and just resolution to their disputes. However, getting to the resolution of litigation is never simple, and it requires representation by an attorney with extensive experience handling such matters.
Why Estate Litigation Might Be Necessary
Estate litigation might be necessary when disputes arise concerning the administration or distribution of someone’s assets after their death. Even if the deceased had an estate plan in place, conflicts could arise regarding various issues.
Some common issues that lead to estate litigation include:
- The validity of a will or trust, including claims of undue influence or fraud
- Concerns about the execution of the estate plan, including how assets are distributed
- Concerns about the conduct of successor trustees or executors, including the breach of fiduciary duty
Estate litigation is particularly complex and messy, as it usually involves family members questioning the actions of one another. Litigation can make the probate process significantly more complicated, costly, and stressful, so you want to obtain the most efficient and fair outcome possible. If you need to obtain the inheritance you deserve or are an executor or trustee facing legal action, you need to seek help from our estate litigators today.
Learn More About Our Estate Litigation Attorneys in Contra Costa County, CA
Pedder Hesseltine Walker & Toth is the premier estate litigation firm helping clients in Contra Costa County, Alameda County, and Solano County, CA. If you need estate planning assistance in the area or believe you are facing possible estate litigation, look no further than our respected legal team. Contact us for your consultation.