Trust litigation isn’t a one-step dance—it’s more like a marathon with several checkpoints along the way. From the initial lawsuit to a potential trial, each phase requires strategic moves and gathering enough evidence to make your case airtight. Here’s a breakdown of the process so you know what to expect.
Filing The Lawsuit
The plaintiff lays out grievances in a formal petition, like improper asset distribution or trustee misconduct. Once the petition hits the appropriate jurisdiction, the legal gears start turning, and both sides will soon be rolling up their sleeves to argue their cases.
Discovery & Gathering Evidence
Now, this is where the actual digging happens. Both sides gather all the juicy details—trust documents, bank records, emails, you name it. This is where things get interesting, as it’s the foundation for building a solid case, whether you’re the plaintiff or the defendant.
Negotiating A Settlement
Not every case needs to end in a courtroom showdown. In fact, many trust disputes get wrapped up through negotiation or mediation. Attorneys often push for this route because it saves time, money, and stress. The key here is making sure the settlement honors the trust’s intent and is fair for everyone involved.
If negotiations break down and no middle ground can be found, the case moves to trial, where a judge will make the final call.
San Diego Probate Attorneys
12626 High Bluff Dr Suite 440,
San Diego, CA 92130
(858) 333-8844
