How to Know if You Have a Case for a Lawsuit

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May 21, 2018, 01:57pm EDT |

5 Things You lot Should Know About Battling A Will

I write virtually successfully managing your trusts and manor.

This article is more than three years onetime.

You are still mourning the loss of a loved 1 and you just learned that you lot were cut out of the will. What should you do?

Kickoff, take a deep breath and call up that this happens a lot. Sometimes, it involves a divorced or widowed father marrying the so-called dreaded "evil stepmother" who then inherits all his avails. The news is filled with stories of celebrities, sports stars and well-known personalities whose children battle it out in courtroom with their deceased parent'south usually much younger wife. While the news is total of these Cinderella stories – with the stepmother played by Kanye West's "Gold Digger" – in reality these battles happen all the fourth dimension in courtrooms all over the country starring everyone from sweet little old ladies to money hungry kids.

Lawyers oft receive calls from the disgruntled heirs, seeking revenge and wanting their day in courtroom. If y'all are ane of them, here is what you should know:

1. Get your checkbook out. Litigation costs a lot. Many clients volition ask if a lawyer will accept the case on a contingency fee footing. That fee usually equates to i-third of what you receive and the lawyer only gets paid if you do. Near lawyers will non take a will contest on a contingency fee because at that place is a risk they volition not become paid. If a lawyer does take a volition contest on a contingency fee, be sure to check their feel level and reputation. As with any professional person you are considering hiring, ask around for referrals from friends and other professional advisors, and be certain to meet with more than one attorney.
2. Buy a lot of antacids. You are going to need them. When I meet with clients who are because a volition contest, I e'er ask "can yous beget this?" and "will yous be able to stomach this?" The ride is going to be rough. There will exist lies, misrepresentations and accusations. There may also be a counter lawsuit against you. Virtually likely, you will be deposed. In a deposition, the opposing lawyer volition ask yous questions about the case, which volition and then be turned into a written transcript. Your character may exist called into question. You will probably be portrayed as greedy. Perhaps yous will exist accused of living off your begetter, not caring about him, and never visiting him when he was sick. Did you e'er have love old dad to the doctor or visit him in the hospital? Those are questions that will be asked. You may even have to testify in court.
3. Quick decisions are needed. In one case hired, your attorney will piece of work with you to develop a strategy for the case. You may be advised to file the lawsuit right away and be the first 1 into the courthouse. Or, depending on the facts of the case, your lawyer may recommend sending a letter to the attorney representing the person you lot are suing with a request for information. Depending upon the data y'all receive (or exercise not receive), you may decide to file adapt. In almost instances, you accept a limited time to competition the will and if you practice not do and then within that time frame y'all are barred from bringing an action. So it is important to consult with a lawyer soon subsequently the death.
4. Most cases settle. In one case the litigation has started and the lawyers have had time to exchange information and do some fact finding (the discovery process), your lawyer will hash out the strengths and weaknesses of your case with you lot. Information technology may be appropriate at that point for ane side to present the other with a settlement offer, which is a mode to end the litigation without the time and expense of trial. You may be tired of fighting at that point and willing to consider settling rather than accept the case drag on to trial. Or, you may see the weakness in your example and be content with getting a settlement and walking abroad so that you can move on with your life.
5. Lawsuits are an emotional roller coaster. I once had a client who concluded every coming together with the opposing party by walking away and yelling over his shoulder, "I'll come across y'all in court!" While y'all may get some closure from the legal procedure, and volition hopefully receive a monetary award, your emotional scars will most likely not be healed by the litigation. You will non get your loved one dorsum. You lot cannot repair your parents' bitter divorce or heal your childhood wounds. You may heal a bit, but do not expect a court of law to address those deep seated emotional bug. If you lot can embrace that, you should be in a better position to negotiate the settlement. Approach the settlement like a business concern determination. Endeavor to go on emotion out of it.

And if you lot do have your day in courtroom, call back to bring your checkbook and your antacids.

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Source: https://www.forbes.com/sites/christinefletcher/2018/05/21/5-things-you-should-know-about-contesting-a-will/