The goal of every attorney is to keep their client out of costly and time-consuming litigation. Fortunately, most legal disputes can be resolved without the need for – and expense of—litigation. There are times, however, when litigation cannot be avoided. If you find yourself involved in a dispute that may be headed for litigation involving the probate of an estate, the administration of a trust, or a commercial law matter, it is in your best interest to retain the services of a Commercial, Probate, and Trust Litigation attorney.
Commercial Litigation
Commercial litigation is a broad area that covers disputes arising out of the business context. Although a business may be a party to the litigation, individuals can also be parties to commercial litigation. Examples of disputes that fall within the purview of commercial litigation include:
- Contract disputes between businesses and/or between an individual and a business
- Class actions against a business
- Violation of intellectual property rights
- Trade secrets and restrictive covenant contract disputes
- Civil RICO lawsuits
- Real estate, development, construction disputes
- Shareholder complaints
- Business torts
Probate Litigation
Probate is the legal process that is typically required following an individual’s death in order to ensure that creditors have an opportunity to file claims, taxes owed to the government are paid, and the decedent’s assets are transferred to the intended beneficiaries and/or heirs of the estate. Emotions tend to run high during the probate of an estate given that the primary participants in the process have recently lost a loved one. As such, there are a number of opportunities for disputes to turn into litigation during the probate of an estate. Some common causes of probate litigation include:
- Challenging the appointment of the Personal Representative
- Will contests
- Breach of fiduciary duty
- Denial of creditor claim
- Gift and estate tax disputes
Trust Litigation
After a Last Will and Testament, a trust agreement is among the most popular estate planning tools. A trust can help with a wide range of estate planning goals, including probate avoidance, incapacity planning, and asset protection. A trust can even be used in place of a Will as the primary instrument for the distribution of estate assets after death. One things all trusts have in common is a Trustee, appointed by the Settlor, to oversee the administration of the trust. Examples of disputes that could lead to litigation during trust administration include:
- Challenging the validity of the trust itself
- Contesting the validity of a trust amendment
- Breach of fiduciary duty
- Disputes over termination of the trust
- Attempts to force distributions
Why Is It Important to Retain a Commercial, Probate, and Trust Litigation Attorney?
Anytime a dispute arises, the goal of both the client and attorney should be to resolve the dispute without the need for actual litigation. Consequently, most attorneys focus the majority of their time and energy on avoiding litigation. Sometimes, however, despite everyone’s best efforts to avoid litigation, a case ends up there anyway. At that point, you need an attorney who has the experience and skills necessary to handle that litigation because litigating a dispute involves a very different approach and mindset. If your legal issues involve a commercial, probate, or trust dispute, the best thing you can do for yourself, and for the future of that dispute, is to retain a Commercial, Probate, and Trust Litigation attorney
Contact Us
If you foresee the potential need to litigate a commercial law, probate or trust matter, you should highly consider consulting with the Commercial, Probate, and Trust Litigation attorneys at The Mendel Law Firm, L.P.. Contact the team today by calling 281-759-3213 or fill out our online contact form.
