Every year, more people choose to use trusts to, among other things, provide for the distribution of their assets among their loved ones after they die. As the use of trusts grows, the number of disputes arising among trustees and beneficiaries trusts also increases. For those who find themselves in this situation, an understanding of the– trust litigation process can help determine how best to proceed .
Here in Georgia, having a seasoned trust litigation attorney on your side can easily be what makes or breaks your case. At Gaslowitz Frankel, we take what’s at stake seriously, and fight for our clients every step of the way.
If you’re thinking about filing a lawsuit to address a trust-related conflict, our trust litigation pocket guide may come in handy. Continue reading below to learn more about what you can expect.
Know Your Rights
Before starting the trust litigation process, it’s important that you know your rights. Whether you are a beneficiary or a trustee, understanding your rights and obligations under the trust is the first step in protecting yourself. The best way to do this is to meet with legal counsel. An attorney can help you understand whether or not you have a case, and how to present your claims to achieve the best outcome possible.
Related Article: Best Methods of Dispute Resolution for Will and Trust Disputes
Navigating the Trust Litigation Process
If, after you’ve had an initial consultation with an attorney, you decide to move forward with your case, it’s time to officially begin the trust litigation process.
Here’s a general outline of what that will look like:
Initiating Trust Litigation
Trust litigation may arise from a variety of issues, such as disputes over a trust’s validity, mismanagement of trust assets by the trustee, or other breaches of fiduciary duty. At the start of the trust litigation process, your attorney will file a complaint in court, which outlines the basis of your case, and the legal grounds on which yourely..
Discovery Phase
Once the complaint has been filed, you and your attorney will move into the discovery phase. Discovery is when both sides investigate the facts of the case and prepare for trial. Discovery generally involves obtaining documents and evidence from parties and witnesses, and deposing witnesses.
Mediation and Settlement
Contrary to popular belief, not all trust litigation cases end with a court judgment. In fact, in many trust litigation cases, the parties eventually try to mediate or negotiate a settlement of the dispute. If the parties are willing and able to make concessions, these methods of alternative dispute resolution provide a more cost-effective means of resolving their claims. If however, the two sides are too far apart to agree, the case will proceed to trial.
Trial and Judgment
During the trial phase, each party will present their arguments and evidence through the testimony and cross-examonation of witnesses. Once all of the information has been presented, the judge or jury, depending on which the parties choose to decide their case, will evaluate the case and issue a judgment or verdict.
Related Article: When is Trust Litigation Called For?
Connecting With A Trust Litigation Attorney in Georgia
Here at Gaslowitz Frankel, our goal is always to advocate for the best outcome for our clients. If the involved parties can handle things amicably, we’re happy to help facilitate the mediation process. However, if a trial is warranted, our team is well-prepared to spring into action. One key to a successful outcome regardless of the path you choose to take, is connecting with a trust litigation attorney from the very beginning.
If you are seeking help finding a resolution for a will and trust dispute, we’re here to help. Contact us by filling out our contact form for a free consultation about your case.
Fill out our contact form for a free consultation.
