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| Name | The Attorney's 4 Most Important Tools in a Trust Litigation |
| Video Uploader | Video From Talbot Law Group, P.C. |
| Upload Date | This Video Uploaded At 02-04-2020 21:31:38 |
| Video Discription | I'm Elizabeth Talbot and this is Matthew Talbot and we're with the Talbot Law Group in Walnut Creek, California and one of Matthew's specialties is trust litigation. So today I wanted to ask Matthew about some of the tools that can be used when one is involved a trust litigation. Yes, so this can be a very stressful time for people when they get involved with a trust litigation. It is important to know the types of tools you can use to try to move the litigation forward and try to get out. For most people the real end game of a trust litigation is putting it behind them. So the first thing to do would be to send out subpoenas. Subpoenas are requests to independent institutions such as banks or hospitals and the purpose is to get records in an official capacity - financial records, medical records, etc. What needs to happen before people can use subpoenas to get records? You need to file the petition with the court. Once the petition is there and you are in the trust litigation you can send out subpoenas any time. So you have to file the petition with the court? yes. and so, that is one step in a trust litigation. Another tool in trust litigations is written discovery. Written Discovery are generally to other party in the matter such as the person you are suing or is suing you. Discovery is often demands for information or documents. This is incredibly complicated and we could get down to a granular level. Generally, however, discovery is something like - please turn over all the bank statements to support your claim, or - admit that you took the money from the trust account. Those are very general concepts of what discovery can look like but it's a written request for information or documentation under penalty of perjury. Another tool that is used in trust litigations are depositions. Depositions are generally when parties get together in a conference room and they take the oath of the deponent and the attorneys ask question as if you were in a trial. this is a great tool for getting information and evidence ahead of a trial because you can find out what people would testify to at the trial and it may go along way toward settling the case. Many people find depositions stressful and would settle the case in lieu of having to be deposed.And the last tool that can be done and the most important thing in the trust litigation process short of trial, is mediation. A mediation is a voluntary process in which everyone sits down with a professional mediator to try to work out a deal. It's not about winning or losing, it is about getting a deal in place, resolve all issues and allow clients to move on. So those are the four key steps that can be used to move a trust litigation forward. Subpoenas, Discovery, Depositions, and Mediation. |
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