PROBATE LITIGATION CASE ROADMAP

1. Initial Consultation and Case Assessment
What Happens:

• We review the will or trust, court filings, and family dynamics

• Identify legal claims (e.g., undue influence, fraud, lack of capacity)

• Assess timelines, notice requirements, and standing to object

2. Filing an Objection or Petition
What Happens:

• We file a formal objection or competing petition with the Probate Court

• Common actions include contesting a will, challenging a trustee, or requesting removal of a personal representative

3. Response and Case Management
What Happens:

• Opposing parties file responses

• The court schedules a Case Management Conference (CMC)

• Parties may begin discovery and informal settlement discussions

4. Discovery and Investigation
What Happens:

• Parties exchange financial documents, emails, and medical records

• Depositions are taken of key witnesses (e.g., drafting attorney, caregiver)

• Expert witnesses may be retained on capacity or accounting issues

5. Motion Practice
What Happens:

• Legal motions may be filed to dismiss claims, enforce discovery, or resolve preliminary issues

• Common motions include demurrers, motions to compel, or to suspend trustee powers

6. Mediation or Settlement Conference
What Happens:

• Probate courts often encourage mediation

• A neutral mediator works with the parties to resolve the dispute outside of trial

• Many probate matters settle at this stage

7. Trial
What Happens:

• If no settlement is reached, the case proceeds to a bench trial (no jury)

• The judge hears testimony and reviews evidence

• A ruling is issued on the validity of the will, trustee actions, or entitlement to assets

8. Post-Trial Proceedings and Appeals
What Happens:

• The court enters final orders

• Either party may appeal within a limited timeframe

• We assist with enforcement, distributions, and final accounting if applicable