Unfortunately, sometimes problems arise after the death of a loved one. In many adversarial court cases, the plaintiff and the defendant hardly know each other. However, in a probate litigation case, the plaintiff and defendant are almost always closely related. Emotions can run hot. Long-standing grudges or repressed hostilities are unfortunately let loose in a very public forum. Often, a litigant’s non-economic toll (heart ache, stress, anxiety, loss of sleep, weight gain or loss, etc.) is greater than whatever dollars might be at stake. In such cases, it is almost always in the best interests of the family members if the case can be settled; if it can’t be, then the relationship between the parties is usually permanently shattered. Accordingly, I take a very cautionary approach towards probate litigation. However, unfortunately, there are certainly cases where justice can only be achieved through the litigation process.
Making The Complex Simple