Simple Guide to Estate Litigation – Briefs Dorothy Hagel – Hagel Lawfirm, 2023 ThreeBestRated® Lawyer From Mississauga

Disputes involving distribution of an estate can be a stressful experience as you will have to lock horns with your family. However, an unfair treatment will never bring peace to the family, especially to those who had the right to the property. Estate litigation will be the preferred process to bring justice. Being emotionally charged due to the dispute is never good. One can never successfully go through the legal process without putting the emotions aside and without appropriate help, as the legal system can be confusing, states Dorothy Hagel of  Hagel Lawfirm, the 2023 ThreeBestRated® award-winning estate planning lawyer. She is kind-hearted to share a simple guide that briefs the step-by-step  process in estate litigation.

• The foremost step of estate litigation is to arrive at the nature of the conflict. Investigation and research on the issue will be helpful in figuring out a plan. The best, fastest and least expensive manner to resolve a dispute would be by a settlement, providing that the other side is open to the idea. Estate litigation may be settled at any time.

• Self-represented people tend to spend more time in court and have a much lower rate of success than these represented by lawyers. Proper representation is crucial and worth investing in. If the case is strong but the party does not have funds to pay legal bills, litigation financing may be available.

• Lawsuits officially begin when you file a pleading. Estate litigation most often starts by the way of a notice of application. The person filing it is called an applicant. A notice of application will act as an outline of the reasons for initiating the case.

•  The discovery process is crucial. During this process the parties attempt to collect all evidence relevant to their case. There are documentary and oral discoveries, which involve examining the parties under oath.

•  If the matter is commenced in the Toronto Superior Court of Justice, the estate cases are subject to mandatory mediation. Mediation is a process where the mediator, an independent qualified third party, assesses the issue and helps you settle the case out of court. The mediator will evaluate the strengths and weaknesses of the case and may suggest ways to resolve it. The mediator is not a judge and does not make the decisions for the parties but helps the litigants to make the decisions to resolve their dispute. Mediation is one of the most efficient ways to settle a litigation.

• Expert evidence may be required when a will is being challenged.

• If the matter does not settle, it will proceed to a hearing in front of a judge. A matter may be decided in a matter of hearing of an application before the judge or by way of a trial.

•  The trials are very time consuming and very costly. At the end of the trial the judge will decide the case.

• If lost, you need to be prepared to pay the litigation costs of the winning party as it is no longer the rule that the estate litigation costs of the parties are paid out of the estate over which the dispute arose.

Estate litigation involves administration of estates and distributions, will challenges and powers of attorney and  may exhaust you both financially and emotionally. “The role of a lawyer in estate litigation is to resolve the dispute while, to her best abilities, advancing the interests of the clients” says Dorothy.

Details Of Dorothy Hagel — Hagel Lawfirm

Dorothy Hagel is an experienced lawyer at Hagel Lawfirm who completed her JD at York University, Osgoode Hall Law School. She provides clients with sound and practical advice, while assisting them with preparing and implementing their estate plans or representing their interests in court. She can collaborate with individuals, couples and families as well as financial planning professionals and provides personalized services irrespective of age.

Coordinating her work with financial advisors to ensure that financial plans make the most of clients’ resources and best safeguard their interests is the specialty of her service. Know more about her at https://www.dhestatelaw.com/dorothy-hagel/

Hagel Lawfirm is equipped with UV light air sanitizers, and its ventilation system works with fresh air. The firm accommodates clients’ meetings in person via video conference. They serve clients in Mississauga, Etobicoke, Oakville and surrounding areas.

While asked about what made them proud. They shared, “We provide quality service in a small town with a client-friendly environment. We are very community involved and always looking into finding solutions for the legal issues affecting local business owners. In litigation, we provide realistic and candid advice to our clients. We also help them to maintain dignity in situations where very private information and feelings become subject to public scrutiny. When advising on estate planning and drafting wills we take a detailed look into the client’s family and financial situation. We identify issues that may lead to litigation in the future and advise on strategies to avoid these risks. We look at the family needs and identify tax savings opportunities. All these for our own satisfaction in the service and this has helped us thrive for these long years”.

“ ThreeBestRated® picked us for “Best Estate Planning Lawyers” with their 50-Point Inspection. This will remain a great recognition for what we are doing. This helps us to get credibility among clients. This keeps us motivated and we have plans to expand our service with two more lawyers on board!”, shared Dorothy upon the award.

Estate litigation, estate planning, wills and trusts, business law and succession planning, inheritance planning, probate and estate administration, trust administration, power of attorney for property and personal care, guardianship application, personal finances and asset protection, residential real estate & small claims are  among issues handled by Dorothy Hagel, Hagel Lawfirm.

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