Probate Litigation
Not all attorneys go to court. Some attorneys prefer the practice of law where they work for clients and draft documents. If a case becomes contested or is headed to court, they withdraw and let the client find a different attorney that will handle the litigation. Litigation is the process of taking legal action. It is the proceeding between opposing parties to enforce or defend a legal right. Litigation can be intense, and by its very nature, it is adversarial. In a probate practice, litigation can be contested hearings in the administration of an estate or in appointing a guardian or conservator for another, or it can be emergency proceedings to remove a fiduciary who is exploiting another and not acting in that person’s best interest. It can require quickly preparing and filing the appropriate paperwork to get the matter before the court, where it is an emergency or not. It is presenting your case or position in a concise and compelling and asking seeking to get an appropriate resolution. Litigation can also be expensive. It takes time to prepare a case, to prepare the evidence or witnesses and to be ready to present the issues to the court.
At Werth Law, we work with families and parties to try to resolve disputes in the most efficient, cost-effective and fair manner whenever possible. This may mean representing a client through mediation or negotiating a settlement of the issues or finding another resolution. But, sometimes mediation and negotiation do not work. Sometimes there are issues that require court involvement. It may require contested hearings, or a trial, and having a judge or jury make the decision. When that is the case, Werth Law will not withdraw and tell you to find another attorney. Candace Werth has the litigation experience and background to present your case in a compelling manner and she will work to get the result that it deserves, whether we are able to achieve the goals inside or outside the courtroom.