Estate and Trust Litigation

Bridging the Turbulence of Uncertainty
Through Effective Advocacy.

by: Mary Jo Corsetti

“We are better able to win with planning than with anger.”

            --Publius Syrus

It is not unusual for family members, friends, and even institutions to disagree over the intent, desires, and capabilities of the deceased. These disagreements might lead to a formal dispute, filed in the Register of Wills or Court of Common Pleas (Orphans’ Court Division). The questions could involve whether, for instance, the deceased had the capacity to make a will, was the subject of undue influence, was a victim of fraud, or whether the will is a forgery. Other questions might concern the identity of the proper beneficiaries of a trust, the correct apportionment of taxes, whether certain beneficiaries are entitled to distributions, and whether a trustee or executor acted improperly.

It is also not unusual for family members, friends, and even institutions to disagree over what actions are in the best interests of elderly persons, physically or mentally challenged individuals, or children. There is frequent disagreement over the subject of when a person is no longer capable of making decisions regarding his or her finances, living arrangements, or health.

This is a time of emotional and possibly financial stress for the persons and institutions involved. Decisions must be made regarding:

“I am fresh of spirit and resolved to meet all perils very constantly.”

-- William Shakespeare, from Julius Caesar

  • What type of challenge or defense to make to the situation or to the documents, i.e., the will, trust, etc. at issue
  • The correct person to challenge or defend
  • The pleadings that will be filed; and
  • Where the legal action will be filed

A strategy must be formulated in order to maximize the financial investment that such legal action requires. Such a strategy must encompass the cost, projected effect, and probability of success of the actions taken. At times, the results of cases are driven by factors other than pure legal merit. These factors must be anticipated. Moreover, death tax and income tax consequences, both state and federal, often play an important role in the case’s bottom line. Strategies must be re-evaluated and reformulated according to the course of events. Open and frequent communication must be maintained between client and counsel. Lawyers, legal assistants and staff must work together to insure that the strengths of each individual are utilized to the greatest degree for the benefit of the client and the case.

The ideal advocate has insight, knowledge, patience, creativity, and stamina. The ideal advocate is comfortable with the courtroom as well as the tax code, the theoretical as well as the practical. Williams Coulson estate and trust litigators, legal assistants and staff strive to meet this ideal.

For further inquiries please contact us or view the Firm Directory.
 

 

 




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