Expert witnesses play an important part in California estate and trust litigation. In disputes regarding issues such as undue influence, incapacity, fraud, elder abuse, or complex accounting, expert testimony can affect case outcomes, distributions to beneficiaries, and the faithful execution of a testator’s intentions.
In estate and trust disputes, common experts include:
Medical and Psychological
- Neuropsychologists (mental capacity, dementia, cognitive impairment)
- Psychiatrists (mental illness, capacity, undue influence)
- Geriatricians (elderly health, capacity, vulnerability)
- Clinical Psychologists (mental health, susceptibility to influence)
- General Physicians/Internists (medical records interpretation, cause of death)
Financial and Accounting
- Forensic Accountants (tracing assets, evaluating trustee conduct, quantifying damages)
- Certified Public Accountants (CPAs) (tax issues, accounting standards, financial analysis)
- Business Valuation Experts (valuing closely held businesses, partnership interests)
- Real Estate Appraisers (property valuation, market value disputes)
- Personal Property Appraisers (art, jewelry, collectibles, vehicles)
Legal and Fiduciary Experts
- Trust Administration Experts (standard of care for trustees, fiduciary duties)
- Probate Administration Experts (executor duties, statutory requirements)
- Estate Planning Attorneys (customs and practices, document drafting standards)
- Professional Trustees/Corporate Fiduciaries (industry standards, best practices)
Document and Signature
- Forensic Document Examiners (authenticity of signatures, handwriting analysis, forgery)
- Notary Experts (compliance with notarial procedures, fraud detection)
Elder Abuse and Social Services
- Elder Abuse Specialists (patterns of abuse, financial exploitation)
- Social Workers (family dynamics, vulnerability, care standards)
Tax and Financial Planning
- Tax Attorneys/Experts (estate tax, gift tax, income tax implications)
- Financial Planners (investment suitability, asset management)
Other Specialized Experts
- Insurance Experts (life insurance policy interpretation, beneficiary disputes)
- Banking Experts (account management, wire transfers, fraud)
- Technology Experts (digital assets, electronic wills, cybersecurity)
- Genealogists (heirship, family tree disputes)
- Translators/Language Experts (document interpretation, language barriers)
When should you hire your own expert? When does it make sense to share costs with other parties?
Here are some strategic, financial, and practical considerations for California estate lawyers and their clients.
When Should You Hire Your Own Expert Witness?
Hire your own expert when:
- Your interests diverge from other parties. If you suspect the other side’s expert will not be impartial or may be influenced by their client, retaining your own expert ensures independent analysis and advocacy.
- You need a specialized opinion. Not all cases are the same. Some require special expertise (e.g., geriatric psychiatry, complex tax issues, or rare asset classes) that a shared expert may not provide.
- You want control over strategy. Your own expert can help shape your case theory, prepare you for cross-examination, and respond to opposing experts.
- You anticipate a “battle of the experts.” In high-stakes or contentious cases, each side typically retains their own expert to present competing opinions.
Pros: Full control, tailored analysis, strategic advantage.
Cons: Higher costs, risk of “dueling experts” confusing the judge or jury.
When Should You Share Expert Witness Costs?
Sharing expert costs may be appropriate when:
- The parties agree on the need for neutral analysis. For example, a joint forensic accountant can trace assets or value property for all parties, reducing duplication.
- The dispute is narrow and factual. If the issue is straightforward (e.g., calculating interest or market value), a shared expert can save time and money.
- Court appointment is possible. California courts may appoint neutral experts in probate matters, especially when parties cannot agree on a single expert.
- Budget constraints exist. Sharing costs can make expert testimony accessible for parties with limited resources.
Pros: Lower costs, perceived neutrality, streamlined process.
Cons: Less control, potential for compromise, risk of bias if one party dominates the engagement.
Cost Considerations in California
Expert witness fees in California estate litigation can be substantial. According to recent data, average hourly rates for expert witnesses in California are:
- Case Preparation: $450 to $550
- Deposition Testimony: $500 to $600
- Trial Testimony: $600 to $850
The party requesting the deposition typically pays for the expert’s time, while the hiring party covers preparation, travel, and wait times. Courts may shift fees or order cost-sharing to ensure fairness. Sources: The Forensics Group and The Expert Institute.
Using The Estate Lawyers’ Project Calculator
When making these kinds of decisions, consider using The Estate Lawyers’ Project Calculator to estimate costs and budget for your case. The calculator helps you:
- Compare the cost of hiring your own expert vs. sharing with other parties
- Factor in preparation, deposition, trial, and travel fees
- Plan for retainer requirements and billing increments
- Avoid surprises and manage your litigation budget
Try the Project Calculator here.
Practical Tips
- Vet your expert’s credentials and communication skills. You want experts who are not only knowledgeable but can be persuasive and will exude credibility in court.
- Clarify fee arrangements up front. Use written agreements to avoid disputes over payment, scope, and billing increments.
- Consider court-appointed experts for neutrality. In some probate cases, a neutral expert can help resolve factual disputes efficiently.
- Discuss cost-sharing with opposing counsel. If interests align, a joint engagement can save money and reduce litigation friction.
Conclusion
Deciding whether to hire your own expert or share costs is a strategic choice that depends on your case’s complexity, budget, and goals. The Estate Lawyers can help you evaluate your options, select the right expert, and use our Project Calculator to assist in executing your litigation strategy.
Contact
If you have questions about any of the information provided here, contact us or reach out to one of our experienced estate litigation attorneys. You also can call us at 877-252-1153. We look forward to assisting you.
Disclaimer: This article is intended for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney–client relationship. If you have questions about your specific legal situation, you should consult a qualified attorney licensed to practice in your jurisdiction. This content is provided in accordance with the California Rules of Professional Conduct governing attorney advertising and public communications.