| Alan R. Horvath, Attorney at Law |
Estate Litigation - Cost of Litigation
Before you initiate legal action you need to consider the cost of your actions and the impact of that cost upon the
estate, and therefore upon your own recovery. Your cost in starting an action will be in the neighborhood of $1500. If
you are bringing an action against either a trust or a probate, their first action will almost always have to include a full
accounting. Depending on the circumstances, this accounting may not be something that would have been required
otherwise. Depending on the complexity of the estate, this accounting could cost the estate several thousand dollars.
These costs, and any further legal costs incurred by the estate are chargeable to the estate. If the actions of the
administrator are truly in bad faith, the court may require him to pay his own legal expenses. But until you prove
otherwise, the legal expenses incurred by the administrator are presumptively those of the estate. So you are taking
actions that will eat in to the estate that you are trying to recover from.
If your claim is significant, none of the above should deter you from making it. However, you need to accept the reality
of the situation which is that a minor misdoing of the administrator are simply not worth pursuing.
estate, and therefore upon your own recovery. Your cost in starting an action will be in the neighborhood of $1500. If
you are bringing an action against either a trust or a probate, their first action will almost always have to include a full
accounting. Depending on the circumstances, this accounting may not be something that would have been required
otherwise. Depending on the complexity of the estate, this accounting could cost the estate several thousand dollars.
These costs, and any further legal costs incurred by the estate are chargeable to the estate. If the actions of the
administrator are truly in bad faith, the court may require him to pay his own legal expenses. But until you prove
otherwise, the legal expenses incurred by the administrator are presumptively those of the estate. So you are taking
actions that will eat in to the estate that you are trying to recover from.
If your claim is significant, none of the above should deter you from making it. However, you need to accept the reality
of the situation which is that a minor misdoing of the administrator are simply not worth pursuing.
P.O. Box 81
596 Mountain Ranch Rd.
San Andreas, CA 95249
596 Mountain Ranch Rd.
San Andreas, CA 95249
| Phone: 209 754-5291 Fax: 209 754-5293 |
| ahorvathlaw@sbcglobal.net |
| Serving Calaveras, Amador, Tuolumne, and San Joaquin counties, California |
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