OUR LITIGATION STRATEGY
Selecting an attorney with the knowledge of real estate and living trust is one of the most important aspects of litigation pertaining to a real property and a living trust. Prior to filing a lawsuit, and during the lawsuit, our attorneys investigate the facts, file the lawsuit properly, monitor the lawsuit, and involve our clients to make decisions for their benefit.
Prior to filing a lawsuit, and during the course of lawsuit, we make the following determinations:
First, we determine the identity of the owners of real property, trustees of living trust, beneficiaries of living trust, and third parties having current and future interest in the real property. This is done by obtaining copies of the Deeds, living trusts, all amendments to the living trusts, and all reinstatements of the living trusts. We also work with the client closely to obtain additional information, which may be relevant to the litigation and is not reflected in the deed or living trust.
Second, we determine the rights and liabilities of parties to each other. Client must have rights in the real property that should be protected in the litigation. The rights may be current rights, future rights, or contingent rights. Alternatively, the client may have been sued by others because of claim that his or her duties toward the living trust or other parties have been breached. A real property litigation or living trust litigation may involve the owners’ family members, caregivers, fiduciaries, or other third parties for committing fraud against the owners. Attacking the real property ownership or the living trust generally involve owners’ incapacity to execute the deed or living trust, undue influence, fraud, duress and menace, or mistake. Attack on the living trust may also involve distribution to a disqualified person, or as the result of elder abuse.
Third, we evaluate the claim of our clients to determine if a contest or lawsuit by a client, or defending the lawsuit against a client, is appropriate way of resolving the claim.
Fourth, we evaluate the cost of litigating a lawsuit. Sometimes, the cost of litigation exceeds the benefit conferred to the parties.
Fifth, we determine the probability of winning the lawsuit in favor of our clients. Depending on the rights and liabilities of clients, and depending on the circumstances involving the real property or living trust, we make a determination of chances for client for winning the lawsuit. As the lawsuit progresses, new facts may surface that would affect the final result of contest or litigation. As such, we continually monitor the lawsuit, and constantly evaluate the litigation throughout the lawsuit.
Sixth, we determine the risks involved in the lawsuit. The prevailing party in a lawsuit may get a huge award against the losing party. Almost in all cases, the prevailing party in the lawsuit is entitled to most of his or her out of pocket expenses. In certain cases, the prevailing party in the lawsuit is entitled to his or her attorneys’ fees. In living trust matters, the prevailing party may be entitled to double damages against the losing party. The judgment, costs, attorneys’ fees, and double damages work both ways. That is, client may be entitled to all if he or she prevails. At the same time, client may be forced to pay all if the opposing party prevails. As such, we would inform the clients of the risk of litigation before initiating the litigation.
Seventh, we evaluate the options available to client – other than filing lawsuit and litigating the case. Because of uncertainty in litigation, the most effective and safe way of resolving the dispute is to mediate the dispute between the parties. The parties may mediate the case by retaining an attorney or a retired judge to assist them with the settlement. Depending on the court, there could also be free mediation programs available by the court.
Lastly, we communicate with the client throughout the litigation. Communication between our clients and us is the most important aspects of the litigation. Some attorneys tend to charge the client for every telephone call and every minute of their time that they spend on a case. We welcome our clients’ input into the litigation, and communicate with our clients without charging them for every minute of work.
Real property litigation or living trust litigation could be very complicated. Most living trust issues arise after the death of owners. Working in the field of real property and living trust exclusively, and for a long period of time, has given us an opportunity to understand the real property litigation and living trust litigation, and consequently to assist our clients effectively in their litigation.
For more information call us at (310)553-5562.
- Real Estate Litigation
- Tust & Probate Litigation
- Trust & Will Contest
- Breach of Contract
- Fraud Litigation
- Our Litigation Strategy
- Mortgage Fraud & Breach
- Quiet Title Action
- Real Estate Partition Action
- Probate Administration
- Lack of Mental Capacity
- Undue Influence
- Elder Abuse
- Parties in Trust Litigation
- Breach of Fiduciary Duties
- Trustee's Accounting
- Removal of Trustee
- Disqualified Beneficiaries