Preparing for Your Will Contest Trial
A Philadelphia preparing for your will contest trial lawyer will sit down with you at the outset of the case to discuss each phase of litigation. Where it is possible, your lawyer will attempt to resolve things outside of court. That being said, in a will contest, often the person who stands to benefit from the current version of the will has little or no willingness to settle because they stand to lose significantly if the will is determined to be invalid.
If you have to go to court, you must be able to articulate the legal basis of your claim quickly and effectively. You need an attorney to help you do this. Make sure your lawyer knows how to best prepare you for this kind of case so you don’t make errors or omissions when sending in your data. Your attorney can also give you a better idea of the timeline involved in starting and pursuing a lawsuit like this so that you feel confident at each stage as you fight for what you allege is right.
They, therefore, may fight as much as possible to ensure that the will is recognized as valid. After a petition is filed, this initiates your will contest trial. A Philadelphia preparing for a will contest trial lawyer will represent you in the various legal aspects of the claim. The judge then establishes a time for discovery. A preparing for a will contest trial attorney in Philadelphia will help prepare you for what to expect at each phase of the case. Discovery is a comprehensive process because cases are lost or made in discovery. Discovery also includes gathering records, documents and physical evidence. Furthermore, it includes interviews with clients, depositions, and the preparation and hiring of expert witnesses. There are many different hours involved in the discovery process because this material must be reviewed as evidence.
Options must be brainstormed and considered and then if it is determined that enough evidence does not exist already, you will need to gather more. At the conclusion of this preparation for the will contest trial, a case has to be presented and the judge must verify that it satisfies the standards and is allowed under the rules of evidence.
A few months of discovery is typically involved in most will contest trials. At that point in time, in evaluating the evidence from the other side, it becomes easier to see the strengths and the weaknesses of your individual case. Witnesses will be interviewed, depositions will be held, and medical records will be retrieved during this phase in the trial. The purpose of this process is to ensure that all evidence and testimony is available to both sides. One of the reasons that discovery happens so early on in the case is because judges want to encourage settlement. Settlement is often the better option for every party, but it is difficult to achieve if you do not have someone who is willing to work with you to protect your best interests and ensure that your primary needs are represented in court.
Most people who are initiating a will contest claim are extremely overwhelmed and concerned about protecting their individual interests. If you fail to get the support of a lawyer who knows the lay of the land and can help you with all aspects of your legal claim, you could face unnecessary challenges and end up losing the will contest allegations altogether. Someone who knows the trial stages and can advise you about how to best prepare for these, is strongly recommended to avoid mistakes.