Litigation Services

DO I NEED A LITIGATOR?

To fight or not to fight: that is the question. Whether it is nobler to suffer the outrageous behavior of family members, their lawyers, enablers, and government clerks, or to rise up against a sea of competing claims, and by opposing end them? What is the "right" thing to do? Where does peace of mind come from? Negotiation? Mediation? Hashing it out in court? Or just letting go and giving "them" what they want?

The most important advice that a litigating attorney provides is whether to fight at all, and if to fight, then how hard and in which venue. Many factors must be weighed: facts, law, cost, payoff, time, odds, emotions, relationships, and most importantly, what does "winning" mean to the client. All of these must be addressed fully, openly, and honestly at the beginning of the case, and then re-addressed over the life of the case as circumstances change, as goals evolve, and as relationships develop or unravel.

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The term Elder Law refers to the client, rather than the area of practice. The elderly client has unique financial, physical and emotional concerns that demand the best advice and lasting solutions.

Whether it's planning for incapacity or stepping in at a time of crisis, assets need to be protected, the best healthcare must be fought for, financial decisions need to be managed and government benefits like Medicaid have to be maximized.

Should I Contest the Will?
If you believe that a will is invalid, you must have evidence (or at least good reason to believe) that the will was signed by an incompetent person; or as a result of undue influence, duress, or fraud; or that it wasn't executed in compliance with the law; or that there is a subsequent will.

Am I Getting What I'm Entitled To?
If you believe that you have not received what you are entitled to under a trust or a will, or if you have been left out of a trust or a will, or if you suspect that assets were wrongfully transferred, you may still have options to recover the property.

Have I Fulfilled My Duties?
If you are a fiduciary (an executor of a will, or a trustee of a trust) you must manage the assets prudently, follow the instructions of the will or trust, obey the law, and periodically file accountings with the courts. If a beneficiary challenges your actions or your record-keeping, you will need the services of an attorney to defend you and to protect the interests of the other beneficiaries.

Am I a Victim of Elder Abuse?
If your children or neighbors are mistreating you, by emotional threats, or by physical harm, or neglect, or if they are taking your money, you should assert your legal rights and stop the pattern of abuse. Similarly, if you are in an institution such as a nursing home, and you are not getting the care that you are entitled to, or if someone is diverting your money, then legal representation might be the best solution.

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