There is no need for proving your claims in the trust litigation petition. After your loved one passes away, the last thing that you want to have to deal with is a lawsuit. Unfortunately, you may face a situation in which trust or estate litigation are your only options to protect your rights as a beneficiary. A lawsuit is initiated when a petitioner, or plaintiff, files a complaint or petition with the court stating their claims. These claims are known as causes of action. An example would be a petition that states the defendant unduly influenced the decedent when they were drafting the will. Depending on whether the action is brought in probate court or civil court and the type of response the defendant issues, he or she may be referred to as a defendant, an objector, or a respondent
Proving Your Claims When Initiating a Lawsuit Involving a Trust or Estate
As you move forward, you may be wondering whether you have to provide proof to back up these claims. Fortunately for those pursuing the matter, the burden at this phase of the lawsuit may be less than initially thought. The following is a helpful overview of the rules regarding providing proof in a petition or complaint during a trust or estate litigation matter:
- First of all, plaintiffs or petitioners are not required to have proof that every factual allegation is true.
- Additionally, plaintiffs or petitioners can instead allege that they are informed and believe that an allegation is true.
- Lastly, plaintiffs or petitioners are allowed to state that during the discovery phase of the lawsuit they will obtain the evidence that they need in order to prove that their alleged facts are true.
If you are struggling with the amount of information and evidence that you need to provide at the beginning stage of a lawsuit involving a trust or estate, we hope that you found this article helpful. If so, we encourage you to find us on Facebook. We frequently post links to other helpful articles just like this one. Hopefully, these articles can put your mind at ease during this difficult process.
AttorneyThe Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307