Probate and Trust Litigation

There are many issues that can arise in the area of wills and trusts that have to be resolved by litigation. Litigation can involve a will contest, where the validity of a will is being challenged. There can be disagreements about the execution of the will, the capacity of the decedent to make a will, distribution to beneficiaries, disinherited heirs, or other provisions of the will. Litigation also can result from trust disputes such as whether the trust was properly executed, interpretation of terms in the trust, the capacity of the individual executing the trust, whether there was any undue influence or fraud, rights of beneficiaries or heirs not named, or issues concerning the trustee’s administration of the trust. Beneficiaries and trustees both may find themselves seeking the aid of the probate court to resolve trust issues. Other areas that may have issues develop which need to be resolved by litigation are conservatorships, elder abuse (physical or financial) and special needs trusts. Probate and trust litigation can often be handled by settlement, mediation, or other determination short of a trial. If there is a trial, it is usually a judge trial with a Probate Court making the determination. It is important to recognize that if you do become involved in litigating one or more issues in these areas, you need an estate planning attorney who is familiar with the litigation process. Not all lawyers are comfortable in a courtroom or have the trial experience to handle litigation. To avoid your own will or trust from being challenged after your death, you should have your estate planning documents drafted by an estate planning attorney familiar with the issues that can result in litigation if documents are not properly drafted. Many cases in which litigation occurs could have been avoided by documents that were carefully and appropriately prepared to avoid challenge. For more information on Wills, Trusts, and Estate Planning, visit http://www. carolronquillo. com/blog

Putting Civility Back Into Litigation

Our system of civil justice is an excellent one.

Practice Notes: Personal Injury Litigation

This book provides a basic and clear outline of Personal Injury Practice and Procedure including new developments such as the Pre-Action Protocols, Civil Procedure Rules and Conditional Fee Agreements. It sets out , in clear form, the procedural requirements and provides useful checklists. It deals with all important issues of liability including product liability and clinical negligence. The book contains useful precedents and a guide to further reading and useful addres…
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Train Accident Reconstruction and FELA and Railroad Litigation, Fourth Edition

Review

By:-Pamela R. -O’Dwyer,- — January 15, 1997 Books like Train Accident Reconstruction and FELA & Railroad Litigation form the building blocks of our railroad cases. From brakes to wigwags, it’s all covered. No attorney who is thinking of handling his first crossing case or a case under the FELA should be without this primer. By:-David A. -Meyer,- Minnesota Trial Lawyer Magazine— January 1, 1996 To anyone either practicing in this area, or with an occasional case involv…
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Chemical Injury and the Courts: A Litigation Guide for Clients and Their Attorneys

A chemical injury can happen at any time to anyone, regardless of age, background, or economic status. It can happen either on the job or in the home, and can affect many members of a community. Such an injury often does not show up immediately but develops over a long period. Often, however, sufferers from chemical exposure are victimized not only by the chemicals but also by a legal system that seems to require complicated and expensive court action. This helpful guide to c…
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All You Wanted to Know About A Business Litigation Attorney

What is Business Litigation and How Can A Business Litigation Attorney Help a Company Deal With It? Business litigation is a legal resort to the court of law to resolve a business issue between two parties or a matter related to the non-compliance of a business law. Litigation can significantly drain a company’s finances. Business litigation attorney counsels clients to minimize litigation risks to reduce the dispute resolution costs and conserve valuable time and resources. Business litigation often presents a threat to a company’s ongoing operations and imperils its financial security. A business attorney specializing in litigation may also be able to save your company a lot of money by seeking a resolution through mediation, arbitration or other means of alternative dispute resolution. The best business attorney can help companies navigate the murky waters of corporate law. Usually, government agencies make their own rules that govern how businesses are supposed to act. Keeping track of all the rules that have been set up by different government agencies can be confusing. That’s where business attorney can help make sure that your company is following rules established by the government agencies. Failing to follow such rules can lead to costly fines. The first step to effective representation in business litigation is through complete understanding of the client’s operations and the commercial realities that affect them. Business litigation attorney brings a complete understanding of the pertinent business realities to any lawsuit. He works in close partnership with the client to tailor make a litigation strategy that makes sense in the light of its goals. Business litigation attorney represent business and financial institutions in the following areas:

Torts Personal Injury Litigation

“Torts Personal Injury Litigation”, 4th Edition is a necessity for paralegal and legal secretary students. Complete with current “hot topic” legal issues, this 4th edition provides an in-depth overview of the law of torts and identifies the role of the paralegal within tort litigation. Case studies examine such timely controversial issues as AIDS, the alleged tort committed by President Clinton, breast implants and attacks on abortion clinics. These case studies allow the rea…
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