How Estate Litigation Works in Surrogate’s Court – Part II

estate litigation lawyerThe Trial

The trial will either be conducted before a jury or by a judge. There are certain issues an individual can request a jury for. If the claims at trial are that the executor, administrator or trustee embezzled funds or acted improperly, the court can order that individual to repay the estate or the trust for the funds which were improperly taken.

Estate litigation is complex and emotional. It usually takes place between loved ones who have a dispute over money. The difference between estate litigation and divorces is that in divorces loved ones fight over their money and in estate litigation the parties are litigating regarding other people’s money. The best way to deal with estate legal problems is to hire an experienced, dedicated estates attorney. When hiring an attorney you should investigate his or her background to make sure they are the right person to handle your case.   You should discuss with the attorney how many Surrogate’s Court cases he or she has tried, what type of estate cases he or she has tried and the results in these cases.

Elliot S. Schlissel is a member of the National Academy of Elder Law Attorneys.  He has been handling estate litigation, wills, trusts and other issues pertaining to estate planning for more than 35 years. estate and trust attorney