Litigation is the process of working through a legal action in Court. There are many situations where litigation could arise. When a Will or Trust is disputed, when competency is challenged, or when there is a dispute about the person administering the Trust or Will, litigation may be necessary to resolve the dispute.

For example, a Beneficiary may believe that the Executor is not properly administering the Will and may ask the Court to remove the Executor. To accomplish the removal, the Beneficiary will file a Petition. The Executor may respond to the Petition or the parties may settle the matter without going further. If the parties cannot resolve their concerns, the Beneficiary and Executor will appear before the Clerk of Court. The Clerk will hear the facts and decide whether the Executor should be removed.

This is only one example of the many situations that can arise. The outcome of any litigation is subject to factors which cannot always be foreseen and cannot be predicted with certainty.

If you have questions about your estate, or that of your loved one, call me today.