A lawsuit is a structured, usually peaceful way of settling disputes.  That said, it should generally be avoided. Litigation is expensive and takes a long time, usually measured in years. And while the parties are generally in charge of the case, most of the important decisions are out of your control, being made by a judge or jury.

But sometimes litigation is necessary because of genuine disagreement, personal injury, or to prevent another from seriously injuring your personal or financial interests. If you believe that these reasons apply to you, we encourage you to seek legal counsel who can help you assess the problem and the risks and benefits associated with possible litigation. Although lawyers are not supposed to “specialize,” they do tend to have more experience in some areas than others.  So, if you’re thinking of suing, find an attorney with experience in that type of litigation.

That is particularly true in the area of probate and estate law. Lots of lawyers write wills, and lots of others file lawsuits, but you need someone with experience litigating the intricacies of wills and trusts.  The issues can be quite varied. Was the person competent to sign the will or trust? How is the language of the document to be interpreted? What are the powers of the trustee or the executor? And what are the rights of the beneficiaries?  Getting the advice of a competent attorney can help you identify your rights and responsibilities in the matter, avoid unnecessary issues, and get the matter resolved as soon as possible. We’d love to help.