Objecting to an Accounting Attorney
You have the right, as an interested party to a will, or as a beneficiary of an estate, to request a formal or informal accounting of what has happened. This is most often used in trust cases, but is an important element of getting all the facts for your probate dispute.
A Philadelphia objecting to an accounting attorney can help you if you believe you have grounds for a probate litigation case or probate dispute. Any interested party in Pennsylvania is eligible to force an agent, trustee or executor to file a formal accounting. After this has been submitted to the court, each party receives a copy of the formal accounting. In the event that the fiduciary is dishonest or provides inaccurate information, this can be a confusing or misleading accounting. All interested parties should be prepared to have their objecting to an accounting attorney in Philadelphia prepared to file an objection. An objection to an accounting attorney in Philadelphia will also request permission to force discovery. This means that your estate dispute lawyer can subpoena evidence, secure bank records, interview witnesses and depose the fiduciary.
Typically, money will be found using a trail and the support of a right estate litigation attorney can be instrumental in uncovering the information that you need to put the pieces together and put this unfortunate incident behind you. If you have already found yourself facing the consequences of dealing with something else's mistakes and you need to object to an accounting, you might be eligible to obtain a settlement outside of court. In the event that parties are not able to settle, the judge will hold a hearing.
Successful objections often rely on evidence that is submitted via the rules of evidence in the court of law and in a way, that allows the judge to render a decision. Organizing, assembling and presenting this evidence is a confusing process but one that can be handled by the right lawyer. It is not something that should be attempted by a person who is not an estate litigation attorney. After the evidence has been clearly presented and accepted by the court, the judge will listen to each side and then render a final decision. If the judge determines that the fiduciary's actions inappropriately reduced the estate, the fiduciary can be surcharged the amount that was due and can be removed from the case altogether. You need someone who has extensive experience because estate litigation cases are extremely complex. Having your case handled by an inexperienced general litigator could lead you to mistakes. A strong breadth of experience should be identified in your estate litigation lawyer sooner rather than later because a trustee or executor who has not held up his or her legal responsibilities can be significant in terms of the consequences that you face as interested parties and beneficiaries.
If you are not careful, the entirety of the estate can be diminished and completely gone by the time that you were to receive benefits. This is why it is imperative that you retain the services of an estate lawyer sooner rather than later to empower yourself with information and ensure that you understand exactly what to expect in all aspects of the case. The support of the right Philadelphia estate dispute lawyer is instrumental in protecting your rights and verifying that you have considered all possible aspects of the case. You might even be eligible to resolve a lawsuit outside of court sooner than you expect when you have an experienced attorney on your side who knows the ins and outs of doing so.