Yakima Estate & Trust Litigation Lawyers
Estates and trusts may not be human beings, but they are organized entities that have legal status under Washington law in the same way as a person. As such, they can become involved in litigation. If the trust or estate has been wronged in some way, the trustee or estate administrator has the power to sue in court. When the representative causes loss or other harm while acting on behalf of the entity, an aggrieved party may initiate a lawsuit.
From the start of the lawsuit to pre-trial and a trial, litigation involving trusts and estates is complex. Your rights in the case will depend on your role, so it is crucial to get legal help. Our team at Moulton Law Offices is experienced in the courtroom and knowledgeable about the legal concepts, so we will develop a strategy to promote your interests. Please contact us to set up a consultation. A Yakima estate & trust litigation lawyer can explain our services, you can review a synopsis for the basics.
Legal Action Involving Estates and Trusts
When these legal entities are a party to litigation, the process works similar to other lawsuits. The aggrieved party files a petition stating facts about the wrongdoing, breach of contract, or violation of law. The respondent is the party that must defend the claim. Some examples of estate and trust litigation are:
- Disputes over who is a rightful heir in an intestate estate;
- Allegations by beneficiaries regarding the fiduciary’s mismanagement;
- A suit to force the fiduciary to prepare and file and inventory and accounting;
- Disputes over creditor claims against the trust or estate;
- Claims of breach of fiduciary duty by the trustee or estate administrator; and,
- Personal injury lawsuits.
The petition will also state a request for relief, such as monetary damages or an injunction. If successful in the litigation, the judge will approve the request.
The laws covering trusts and estates are complicated, but even more so when you add the complexity of lawsuits. Moulton Law Offices is adept in both areas, so we are ready to assist with either side of a case. A Washington estate and trust litigation lawyer help at different pre-trial stages of litigation, including:
- Initial filings, such as the petition claiming wrongdoing and the respondent’s reply;
- Settlement discussions, which may be appropriate if you can negotiate an agreement to resolve a dispute;
- Filing and defending motions;
- Attending court appearances and hearings;
- Discovery and depositions; and,
- Mediation, which the judge may order to help the parties reach compromise.
When your trial date arrives, we will present arguments, evidence, and testimony in court to convince the judge to side with your position.
A Yakima Estate & Trust Litigation Attorney Will Protect Your Interests
You can see that it is essential to count on legal representation for lawsuits involving trusts and estates, no matter what your interest in the entity. To learn how we assist with these cases, please contact Moulton Law Offices to schedule a case evaluation with a skilled Yakima estate & trust litigation lawyer.