Appellate Information Center

When the judge or jury hands down the final decision in a trial of a probate, guardianship or trust case, one or more of the parties involved may disagree with that final decision. In those instances, the only method for altering the final decision is to appeal the case to the appellate court. In addition to appeals filed at the conclusion of a trial on a probate, guardianship, or trust case, in very limited instances, there are options to appeal decisions of the Judge during the months leading up to the trial of the case.

The decision to appeal a decision is usually more complex than the original decision to file suit in the case. The likelihood of prevailing in an appeal can depend on such factors as the issues presented to the trial court during the original trial, the nature of the testimony and/or evidence offered during the trial, and prior decisions made in the appellate courts on similar issues. From a practical perspective, the cost involved in pursuing the appeal must also be weighed against the potential benefit to be gained by pursuing the appeal. In most cases, the benefit to be achieved is likely going to be determined by the size of the estate or trust involved.

Ford & Mathiason LLP offers clients assistance in appealing decisions rendered in probate, guardianship, and trust litigation cases. These cases may involve Will contests, litigation arising in guardianship cases, disputes involving Trusts (which can involve issues related to breach of the Trustee’s duties, issues surrounding a beneficiary’s share of a Trust, etc.).

Because of the probate, guardianship and trust practice areas of law are so specialized, very few lawyers in these area offer services to assist their clients in appealing court decisions in these areas. In many cases, Ford & Mathiason is hired to pursue an appeal of a case that another lawyer originally handled. In those cases, it is important for the client to realize that the Courts of Appeal enforce very strict time-lines in appellate cases. As a result, it is extremely important for anyone considering an appeal of a probate, guardianship or trust case to act very quickly in contacting us to consider whether or not an appeal is possible.

In some instances, the party considering an appeal may be unsure whether sufficient grounds exist to appeal the case or not. In one such case, Ford & Mathiason was contacted by a client who had lost a guardianship case. Her original lawyer assured her that there was no basis for an appeal. Fortunately, the client sought a second opinion, and ultimately, we managed to appeal the case and have the entire case overturned.

In those cases where someone is not certain whether they may want to pursue an appeal, the attorneys at Ford & Mathiason are glad to consult and/or review issues in the case to determine whether or not an appeal is a good idea.

Fees in Appellate cases:

The appeal of a probate, guardianship, or trust case is always an extremely time-consuming process, requiring that the appellate lawyers review the transcripts from the original proceedings, obtain documents from the original judge of the case, and draft the necessary briefs and documents to initiate the appeal.

Because of the extent of work that is necessarily involved in each such case, Ford & Mathiason believes that it is important for someone considering this effort to understand the extent of the expense involved in pursuing such a case. Prior to beginning work on any appellate case, Ford & Mathiason will routinely require a retainer deposit of $7,500 to $15,000 or more depending on the facts of the case. Although our time is billed on an hourly basis, the initial retainer deposit is required for us to begin work on the appeal. Payment for additional time billed will be expected as the work is performed.

In the instances where a client is merely looking for a consultation prior to making a decision whether or not to appeal a case, Ford & Mathiason charges its normal hourly rates for the consultation and the work involved in reviewing documents prior to rendering an opinion about the pursuit of the appeal. A smaller retainer of $2,500 to $5,000 will be required, depending on the facts and circumstances of the work involved.