Does Your Trust/Will Litigation Attorney Understand the Entire Picture?
You will be surprised to find out that many of the Probate, Trust and Estate Litigation Attorneys have zero experience in estate planning. Many of them have experience with civil litigation, which is also essential to a skilled Probate, Trust and Estate litigator, but little to no experience in drafting, planning, executing and implementing an estate plan.
Why could this be a problem?
Imagine your attorney is filing lawsuits to invalidate the execution of a trust because of various issues related to undue influence, fraud and lack of capacity. Maybe a trust amendment was executed with the help of an attorney who changed the distribution percentage, or altered the beneficiaries. Many litigators with minimal experience in estate planning risk exacerbating a case by misunderstanding the methods and intentions of the attorney who drafted the subject estate. Some attorneys presume the drafting attorney has done something wrong and may not appreciate the circumstances the drafting attorney was probably placed in when he/she assisted in making the changes.
By alienating and attacking the drafting attorney you have now cut off a crucial source to what could potentially have been a valuable support to your case. It is impossible for a Trust litigator to appreciate the real life circumstances that clients, witnesses and estate planning attorneys are placed in—and how to use these circumstances to strengthen the case—if they themselves have never been in these situations.
On the other side of this case, an estate planning attorney who has significant experience with Trust, Probate and Estate Planning Litigation better understands the pitfalls and red flags to note and avoid when preparing your private estate plan.
Byron Husted, of Morris Law Firm, APC in San Diego, has extensive experience with both litigation, trial and estate planning. With his combined experience he is able to evaluate your case, find the strengths and weakness, and formulate a strategy that maximizes your case potential while minimizing wasted time and legal fees.
Contact Byron today at Morris Law Firm, APC
401 West A Street, Suite 1820
San Diego, California 92101
Between State St & 4th Ave,