Considerations for a Productive and Informed Assessment of Your Dispute
When a dispute arises over a trust, will, or estate, time is a critical factor. Whether you’re an estate planner helping a client prepare or an individual facing a contested estate, arriving at your first litigation consultation fully prepared will help determine how quickly and effectively estate litigators can assess your circumstances.
Preparation allows attorneys at our firm to quickly evaluate whether litigation is the right path forward or if there are better ways to resolve the dispute. With the right documents and information in hand, we can make these assessments and, if appropriate, begin to shape a litigation strategy, and estimate the likelihood of success. It also helps us identify potential roadblocks, such as evidentiary gaps, procedural hurdles, or difficult family dynamics. Importantly, an efficient consultation also saves time and expense.
Read on for the topics you should be prepared to discuss and the documents you will want to gather beforehand, including legal documents, financial records, communications, and personal notes. Estate planners and attorneys can use this guide to help clients arrive informed, organized, and ready to move forward.
Meeting Agenda
Purpose of the Consultation
During your initial estate litigation consultation, it is important to clarify the nature of the dispute, whether it involves a will contest, trust mismanagement, or allegations of undue influence. The consultation will also focus on assessing both the legal and factual strengths of your case. Additionally, potential remedies and litigation strategies will be identified based on your specific circumstances. Finally, establishing clear client goals and expectations helps ensure that both you and your attorney are aligned as you move forward with the litigation process.
Key Topics and Materials to Cover
Background of the Dispute. To begin your first estate litigation consultation, it is essential to provide a clear background of the dispute. Start by outlining a timeline of key events leading up to the current situation, detailing when significant actions or decisions took place. Identify all parties involved and explain their relationships to the decedent or the estate, as well as to each other. Be sure to specify any particular allegations or concerns at the heart of the dispute, such as mismanagement, undue influence, or contested provisions, as this information will help your attorney understand the scope and context of the case.
Legal Documents. In preparation for your estate litigation consultation, it is essential to gather all relevant legal documents. This includes wills, trusts, any amendments or codicils, as well as powers of attorney and advance directives. Be sure to bring any prior or pending court filings related to the estate, such as petitions, objections, or orders. Having these materials on hand will enable litigation attorneys to quickly assess the matter. [Read: Mental Health Directives: A Vital Estate Planning Tool for California Attorneys.]
Financial Overview. Presenting a comprehensive financial overview is a vital aspect of your first estate litigation consultation. Bring an inventory listing all assets and liabilities connected to the estate, including bank statements, investment account records, and real estate documentation such as deeds and property titles. These materials help litigation attorneys understand the scope of the estate, identify potential areas of dispute, and verify the accuracy of financial management and transactions. If there are any suspicious activities, such as unexplained withdrawals or transfers, be sure to include supporting documentation for these transactions.
Medical and Capacity Evidence. If the dispute involves questions about the decedent’s mental capacity or allegations of undue influence, gather and provide medical records that are relevant to capacity assessments. This may include cognitive evaluations, physician or caregiver statements, and any other documentation that can shed light on the decedent’s ability to make informed decisions at key times. Evidence supporting or disputing claims of coercion or undue influence is especially important for a litigator to evaluate the validity of the estate planning documents and understand the circumstances surrounding their creation. [Read Dementia Does Not Have to Derail Estate Planning by Justin Kincheloe.]
Communications. Assemble all emails, letters, or text messages that pertain to the estate or the dispute. These communications can reveal the intentions of the decedent, interactions among involved parties, and any agreements or disagreements that have transpired. Having this information available allows a litigation attorney to reconstruct the narrative and identify any inconsistencies, misunderstandings, or evidence that supports your position.
Client Objectives. Be prepared to discuss your goals and desired outcomes for the litigation or resolution process, whether that involves the removal of a fiduciary, recovery of assets, or another remedy. Clarify a willingness to consider mediation or alternative dispute resolution, as well as readiness to proceed with litigation if necessary. Understanding these objectives enables a litigation attorney to tailor their strategy and provide guidance that aligns with yours and your client’s expectations and best interests.
Checklist
Here is a list of items to bring to the meeting, but there likely will be others depending on your situation.
Legal Documents
- Will and/or trust documents (including amendments)
- Death certificate
- Powers of attorney or healthcare directives
- Any court filings (petitions, objections, orders)
- Prior versions of estate planning documents
Financial Records
- Estate inventory or list of assets and liabilities
- Bank and investment account statements
- Real estate deeds and titles
- Trust or estate accountings
- Documentation of suspicious transactions
Medical and Capacity Evidence
- Medical records (especially cognitive evaluations)
- Notes or statements from caregivers or physicians
- Evidence of undue influence or coercion
Communications
- Emails
- Letters
- Text messages
Personal Notes
- Timeline of key events
- List and contact information of the parties involved and their roles
- Questions for the attorney
- Goals for litigation or resolution
Get Off on the Right Foot
Coming to your first estate litigation consultation organized and informed can make a significant difference in how your matter proceeds. By gathering the essential documents, outlining the details of your dispute, and clarifying your objectives, you enable an attorney litigator to provide meaningful guidance and develop an effective litigation strategy from the outset. Taking these steps not only streamlines the process but positions you for the best outcome as you work through the complexities of your disputes.
Are You Facing a Dispute?
First, we acknowledge the difficulty not only of losing a loved one, but engaging in a dispute over their estate. It is a most difficult time. Whether you are an individual involved in a dispute or an estate planner, our experienced attorneys are here to help you avoid litigation or bring the matter to a satisfactory conclusion.
Contact us today to discuss your matter in a confidential consultation.