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