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Estate Litigation

KENTUCKY ESTATE PLANNING AND LITIGATION ATTORNEYS
When your efforts to resolve estate conflicts outside of the courtroom simply do not work, you may have to turn to litigation as the only way to get your estate conflicts resolved once and for all. Litigation is not always desirable, and many people do not like the idea of going to court to have an issue decided. However, when alternative dispute resolution options such as negotiation, mediation and arbitration are not helpful, you will need the help of seasoned estate and litigation attorneys to fight for you in the courtroom.

WHAT TYPES OF ESTATE DISPUTES TYPICALLY RESULT IN LITIGATION?
Unfortunately, the bulk of estate litigation involves disputes between beneficiaries of an estate. This may include brothers against sisters, mother against son or daughter, or even grandparent against grandchild. Family is the most important aspect of life for many people, and litigation can push family members apart. However, when beneficiaries cannot agree on a solution to their disputes, litigation provides a mechanism for determining how an estate’s assets should be distributed, and how debts should be paid.
Disputes regarding the meaning or validity of a will are very common. When a will is not clear as to intent and how assets are to be distributed among beneficiaries, then it is difficult to establish a fair resolution without having a court help in interpreting a will.

For example, if the deceased loved one had a handwritten will, a beneficiary may contest the will as not being valid, especially if that beneficiary is not named in the will, or if the beneficiary is named in the will, perhaps what that beneficiary is to receive is not as much as expected. In such cases, witnesses may need to testify to validate the will. Is the handwriting really that of the deceased loved one who drafted the will (called the testator)? Is there anyone who witnessed the testator write the will? Did the testator have capacity to even write the will? These questions arise more often than many people realize. See our Wills practice area page for more detailed information on this area of our estate planning law firm.

Litigation regarding estate matters doesn’t always involve family members. Creditors often fight to get judgment liens on estates if they believe the decedent owed debt at the time of death. Further, estate litigation doesn’t always involve disputes regarding one’s estate, but could also involve disputes about a trust account.

WHAT SHOULD I EXPECT FROM ESTATE LITIGATION?
Estate litigation, like any other litigation (such as medical malpractice, breach of contract, or personal injury), can take a very long time. Litigation can take years. It is always in the best interest of all parties to get litigation resolved as quickly as possible and not be stuck in court for two or three years until a trial date is set. As a party to litigation, you should expect the following:

  • A very time-consuming process;
  • Constant contact and communication with your attorney;
  • Possible depositions where you and other beneficiaries may have to testify;
  • Resistance from the opposing party; and
  • An equitable resolution once the litigation process is over, whether it ends in a trial verdict or settlement prior to going to trial

While the litigation process will undoubtedly cause you stress, if you put your trust in experienced estate and litigation attorneys, you can be rest assured that your interests are being protected and your attorney is advocating for you. Patience is the key to a successful resolution to your estate conflict, whether it involves disputes with other beneficiaries regarding the meaning of a will, a dispute with creditors, or even a dispute regarding a trust account. If you can bear through the process of litigation, you will find that in the end all parties will receive what they deserve.

WHAT IF MY CASE GOES TO TRIAL?
If your case must go to trial, you are in good hands with Goeing Goeing & McQuinn. Our attorneys take pride in the fact that they have experience in all aspects of the law and are prepared to go to trial at any time. A trial is the final step after the litigation process. Most of the time, parties will consider settlement prior to the case ultimately going to trial. When negotiations for settlement are unsuccessful, your case will go to trial in front of a judge or jury. The plaintiff in the case can request a jury trial. If the trial is before only a judge, it is called a bench trial.

If your case goes to trial and you are before a jury, the attorneys representing both parties will have to explain what could be complex issues to a jury of your peers. The attorneys will tell a story that ensures the jury members understand the importance of the issues and can put themselves in the shoes of the parties involved. If, on the other hand, you have a bench trial before a judge, the judge will interpret Kentucky law and apply the facts of your case to the law. For example, if a will is contested, the judge will determine if the will satisfies the requirements of Kentucky law.

Regardless of whether you are the plaintiff or defendant in an estate dispute, and regardless of whether your case is a bench trial or jury trial, the experienced estate and trial attorneys at Goeing Goeing & McQuinn will put forth full effort into advocating on your behalf, doing everything they possibly can to ensure your goals are met.

CALL GOEING GOEING & MCQUINN TODAY FOR A FREE CASE EVALUATION
The attorneys at Goeing Goeing & McQuinn have the experience to address your estate planning needs as well as litigation needs if you have a conflict that must go to court. Our four attorneys are skilled trial attorneys in addition to estate planners. You will be in good hands in knowing that your attorney is fighting for your rights in court as well as helping you plan for the future. Call our office today for a free consultation to evaluate your situation. You can reach us by calling (859) 904-2045.