Litigation

Sometimes, when a Guardianship may be needed, conflicts arise which result in litigation. In the area of Guardianship, the conflict usually involves whether or not the person is incapacitated, and needs a Guardian, and, if so, who the guardian should be. For instance, if a brother and sister have a particularly bad relationship, and their mother needs a Guardian, each may want to be the Guardian, excluding the other one.

When a loved one has died, conflicts most often are about whether the Will or Trust is valid and enforceable. A Will or Trust can be challenged on many grounds. The most common of these are incapacity, the lack of the mental ability to understand what you are doing, and undue influence, often by a caretaker.

Fred Glickman encourages clients to resolve these matters by negotiation and by Mediation when this is possible. (Mediation is a process by which a neutral, trained Mediator encourages the parties to reach a voluntary settlement.) Because litigation is expensive, time consuming, and stressful, it is generally in a client's interest to make all reasonable efforts to avoid it. Also, because the litigation is often between family members, it often leaves scars that never heal.

When litigation cannot be avoided, we guide our clients through the process, letting them know, at each step of the way, the available options. We provide them with a realistic analysis for their case based on decades of experience.