[WSBAPT] Brainstorming: void a trust

[Eric Nelsen]

My $0.02: Get a big advance fee deposit (I'd say minimum 90-100 hours of your time, to start) and warn the client it will be a fact-intensive, prolonged and expensive process with no assurances of success, and the advance fee deposit is only a fraction of the final cost if it goes to trial. It's never resolvable at summary judgment because essential facts are always in dispute. With some good facts at the outset and reasonable counsel on the other side there might be some hope of getting into mediation and settling before risking it all at trial. I would spend some significant hours at the beginning mapping out as much of the anticipated facts as possible and hit the defendant hard and early with discovery, and keep up the pressure including follow-up rounds of discovery, and aim to push it into settlement negotiations after that.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

Please Note that We Have Moved. We have moved our Seattle office to Mount Baker Ridge (a small commercial community just above the I-90 tunnel). Our new address is 1417 31st Avenue South, Seattle WA 98144. All other contact information remains the same.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Lisa A. Malpass
Sent: Monday, November 28, 2016 9:30 PM
To: 'wsbapt at lists.wsbarppt.com'
Subject: [WSBAPT] Brainstorming: void a trust

Dear yall,

What are your thoughts on voiding a trust and QCD for undue influence? Any tips, feedback, support, thoughts, cautions, etc.
Thank you in advance.


Lisa A. Malpass
Attorney at Law
Washington and Idaho


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Direct line: (509) 444-3315
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Email: lam at winstoncashatt.com<mailto:lam at winstoncashatt.com>
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