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Understanding Trust Contests and Your Options in Dixon
Trust contests occur when someone challenges the validity, terms, or administration of a trust, and they often raise sensitive family and financial issues. In Dixon, California, these disputes are governed by state law and handled through the Solano County probate system when litigation is necessary. This guide is designed to explain common grounds for contesting a trust, outline the procedural steps that may be involved, and identify practical considerations for both people thinking about bringing a challenge and those who may need to respond. Knowing the local context and the available options can help you make informed decisions and protect your interests.
Because trust contests can involve allegations like undue influence, lack of capacity, or improper execution, early preparation and clear organization of evidence are important. In Dixon, parties can pursue informal resolution through negotiation or mediation, or move forward with formal probate proceedings if a resolution cannot be reached. The remainder of this guide will cover key legal terms, typical scenarios that lead to disputes, comparative legal approaches, and practical tips for navigating the process while keeping family dynamics and legal risks in mind.
Why Handling Trust Contests Carefully Matters
Addressing a trust contest with care reduces the risk of prolonged conflict and minimizes emotional strain on family members while helping clarify the disposition of assets. A deliberate approach helps preserve important records, align arguments with relevant legal standards, and identify resolution pathways that may avoid contested court proceedings. In Dixon, where local practice and court timelines affect outcomes, taking thoughtful steps early can lead to more efficient results, better settlement opportunities, and clearer protection of beneficiary rights. Sound preparation also supports better communication among parties, which can be key to reaching agreements that honor the trust maker’s intentions.
About Our Firm and Our Approach to Trust Contests in Dixon
LA Estate Plans assists individuals and families in Dixon with trust contest matters through client-focused guidance grounded in California law and local probate practice. Our team provides practical advice tailored to each situation, helping clients evaluate options such as negotiation, mediation, or litigation. We emphasize careful fact gathering, clear communication, and strategic planning so clients understand likely pathways and potential outcomes. From initial case assessment to resolution, we work to ensure that each decision reflects the client’s goals while observing applicable legal standards and procedural requirements in Solano County.
Understanding Trust Contests in Dixon
A trust contest typically arises when an interested person questions the validity or terms of a trust document. Common grounds include claims that the trust maker lacked mental capacity, that someone exerted undue influence, or that the trust was improperly executed. In Dixon, those considering a contest must understand both the substantive legal grounds and the procedural rules that govern filing and prosecuting a claim. Preparing a case means assembling documentary and testimonial evidence, reviewing medical and financial records if relevant, and considering alternate dispute resolution before moving to probate court if necessary.
Trust contests are often contested by family members, beneficiaries, or heirs who believe the trust does not reflect the trust maker’s true intentions. The process can involve discovery, witness interviews, expert testimony, and hearings before the Solano County probate court. Parties should consider the financial, emotional, and time costs of litigation, along with the potential benefits of reaching a negotiated settlement. Evaluating strengths and weaknesses early, organizing evidence, and understanding procedural deadlines in California are crucial to preserving rights and pursuing a favorable resolution.
Definition of a Trust Contest
A trust contest is a legal action challenging the validity, interpretation, or administration of a trust instrument. Challenges can assert that the trust maker did not have the mental capacity to create or amend the trust, that another person improperly influenced the trust maker, or that the document was not executed according to required formalities. In some cases, contestants seek to set aside particular provisions or the entire trust. Resolution can occur through settlement, mediation, or court determination, and the evidence required will vary according to the legal theory being asserted.
Key Elements and Legal Procedures in Trust Contests
Handling a trust contest involves several essential steps such as identifying interested parties, gathering relevant documents, and filing appropriate pleadings with the probate court when needed. The process commonly includes discovery to obtain medical records, financial statements, and witness testimony, followed by negotiations or mediation to explore settlement. If litigation proceeds, hearings before the Solano County probate court will address admissibility of evidence and the legal standards that apply. Careful case management and timely compliance with procedural rules are important to preserve claims and defenses throughout the contest.
Key Terms and Glossary for Trust Contests
Familiarity with basic legal terms helps you understand filings, correspondence, and court rulings during a trust contest. Common terms include undue influence, capacity, trust terms, and probate court, among others. Knowing what each term means and how it applies to your situation supports clearer communication and stronger preparation. This glossary section summarizes definitions and practical implications to help you evaluate the likely issues in a dispute and plan appropriate steps to protect your position while navigating local practice in Solano County.
Undue Influence
Undue influence refers to conduct by another person that overbears the free will of the trust maker and causes them to act in a way that does not reflect their own intentions. Proving undue influence typically requires evidence that the influencer had a confidential or controlling relationship with the trust maker, that the trust maker was susceptible to pressure, and that the contested changes benefited the influencer in an unexpected way. In trust contests, demonstrating undue influence often depends on patterns of behavior, timing of changes, and supportive documentary or witness evidence.
Capacity
Capacity refers to the mental ability of the trust maker to understand the nature and consequences of creating or amending a trust. To successfully challenge a trust based on lack of capacity, a party must show the trust maker did not comprehend the property involved, the natural objects of their bounty, or the effect of the instrument at the time it was signed. Medical records, testimony from treating physicians, and contemporaneous observations by witnesses can be important when assessing capacity in a contest in Dixon and Solano County.
Probate Court
Probate court is the judicial venue that resolves disputes related to trusts and estates, including trust contests. In Dixon, trust contests that move beyond negotiation and mediation will be heard in the Solano County probate court, which applies California statutory law and relevant case law when evaluating claims. Probate proceedings involve formal pleadings, discovery, and hearings, and the court issues orders that determine whether trusts are upheld, modified, or invalidated. Familiarity with local court procedures and timelines is important for effective case management.
Trust Terms
Trust terms are the specific provisions written into the trust instrument that direct asset distribution, name trustees and beneficiaries, and set administration rules. Disputes over trust terms can arise when language is ambiguous, when parties disagree about interpretation, or when amendments appear inconsistent with prior documents. Addressing disputes about trust terms often entails a careful review of the trust language, any related documents, and the factual circumstances surrounding changes to understand the trust maker’s intent and the legal forces that may affect enforcement.
Comparing Legal Options for Trust Contests
When facing a trust contest, parties can consider a range of options from informal negotiation and mediation to full litigation in probate court. Negotiation and mediation offer the opportunity to resolve disputes more quickly and privately, often preserving relationships and reducing costs. Litigation can be necessary when parties cannot agree or when significant factual disputes require formal adjudication. The appropriate path depends on the strength of the evidence, the willingness of parties to cooperate, and the goals of those involved, with careful consideration given to timeframes, expenses, and likely outcomes in Solano County.
When a Limited Approach May Be Appropriate:
Clear Evidence and Cooperative Parties
A limited approach such as negotiation or mediation can be effective when one party has clear documentary evidence and other parties are willing to engage in good faith. In those circumstances, parties may resolve disputes through focused discussions about particular trust provisions without resorting to full litigation. This route often saves time and legal expense while offering flexible outcomes tailored to family needs. Even when using a limited approach, documenting agreements and ensuring they are enforceable under California law is an important step to avoid future disputes.
Disputes Narrowly Focused on Specific Terms
When disagreements concern limited or technical aspects of the trust rather than the entire instrument, targeted negotiation or alternative dispute resolution may suffice. Addressing a narrow issue by clarifying ambiguous language, adjusting administrative processes, or agreeing on an interpretation can resolve the dispute without extensive court involvement. Parties should still gather relevant documents and consider how a settlement would affect other beneficiaries to ensure the resolution is comprehensive and durable under California trust and probate rules.
Why a Thorough Legal Approach May Be Necessary:
Complex Facts or Multiple Interested Parties
Trust contests that involve complicated factual histories, multiple beneficiaries, or overlapping estate matters often require a thorough legal response to ensure all claims and defenses are properly addressed. Complex cases may involve conflicting documents, contested medical evidence, or numerous interested parties whose rights must be considered. Comprehensive preparation helps identify all relevant issues, coordinate discovery, and develop a coherent strategy for settlement or litigation that aligns with the client’s objectives and the legal standards applied by the probate court.
Allegations of Undue Influence or Lack of Capacity
Serious allegations such as undue influence or lack of capacity typically demand a comprehensive legal response because they hinge on detailed factual inquiry and potentially significant documentary and witness evidence. Demonstrating or refuting these claims may require obtaining medical records, witness affidavits, and other corroborating materials, as well as preparing for contested hearings. A full approach enables careful collection and presentation of evidence and helps ensure procedural requirements are observed so that the matter can be resolved on its merits.
Advantages of a Comprehensive Approach in Trust Contests
A comprehensive approach brings systematic preparation, including detailed evidence gathering, careful review of all relevant documents, and thoughtful development of legal arguments. This preparation reduces the chance of overlooking important facts and improves the quality of negotiations or court presentations. In Dixon, where local practice affects case timing and procedures, being fully prepared supports better management of discovery, settlement analysis, and courtroom readiness when litigation is required. Thorough work increases the likelihood of achieving favorable, lasting outcomes.
Comprehensive handling also supports clearer client communication and ongoing case management, which helps reduce uncertainty and stress for involved parties. By anticipating likely challenges, scheduling needs, and evidentiary issues, a detailed approach allows clients to make informed choices at key moments and respond promptly to developments. It also facilitates evaluating settlement options against the probable results of litigation, helping parties pursue resolutions that reflect both legal realities and personal priorities in estate matters.
Thorough Case Preparation
Preparing a trust contest case thoroughly involves assembling the trust instrument and related documents, identifying and interviewing relevant witnesses, collecting medical or financial records when necessary, and creating a timeline of events. This level of preparation strengthens factual narratives and helps assess the legal viability of claims or defenses. In Solano County proceedings, robust preparation supports effective negotiation and courtroom presentation and helps clients make informed decisions based on a realistic appraisal of strengths, risks, and potential remedies.
Clear Communication and Client Support
Providing clear, regular communication and practical support throughout the contest process helps clients stay informed and reduces uncertainty. Regular updates about discovery, settlement discussions, and court scheduling allow clients to participate meaningfully in decisions. Ongoing support also includes explaining legal standards, outlining likely timelines, and advising on strategies to preserve relationships while protecting legal rights. This level of communication improves confidence and helps align case actions with client goals from intake through resolution.
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Tips for Navigating Trust Contests in Dixon
Understand the Grounds for Contesting a Trust
Begin by identifying the legal grounds that may support a contest, such as allegations of undue influence, lack of capacity, or improper execution. Assess the timing of any changes to the trust relative to relevant events, and collect documents that reflect the trust maker’s intentions and circumstances. Early evaluation helps determine whether a contest is viable and what evidence will be necessary to support claims. Understanding the concrete basis for a challenge also helps parties consider whether negotiation or alternative dispute resolution offers a realistic path to resolution.
Gather Detailed Documentation
Consider Alternative Dispute Resolution
Explore mediation or facilitated negotiation as a way to resolve disputes without protracted litigation. These approaches can save time and expense while giving parties control over outcomes and preserving family relationships where possible. Mediation is especially useful when factual issues are limited or when parties are willing to compromise. Even when mediation is attempted, preparing documentation and understanding legal positions remains important to ensure any settlement is fair and durable under California trust and probate rules.
Reasons to Seek Assistance With Trust Contests
Trust contests involve both legal intricacies and sensitive interpersonal dynamics, and outside assistance can help clarify options and support sound decision making. Professional guidance can help identify applicable grounds for a contest, gather and preserve evidence, and navigate procedural requirements in Solano County probate practice. Because outcomes may affect asset distribution and family relationships, timely, organized action ensures legal rights are protected and practical settlement alternatives are considered before escalating to court.
Assistance can also provide an objective assessment of likely outcomes and costs associated with different paths, whether settlement or litigation. Understanding procedural deadlines, discovery practices, and local court expectations in Dixon reduces the risk of forfeiting claims or missing opportunities to negotiate. Support in drafting and reviewing settlement agreements and court filings promotes clarity and reduces the chance of future disputes over unresolved issues related to the trust.
Common Circumstances That Lead to Trust Contests
Trust contests most often arise from perceived changes in the trust maker’s intentions, unexpected beneficiary designations, allegations of undue pressure by another person, or doubts about the trust maker’s mental capacity at the time of signing. Disputes can also result from disagreements over trust administration or when documentation appears inconsistent with prior estate planning instruments. Recognizing these common triggers helps parties assess whether a contest is warranted and plan an appropriate response.
Disputes Over Asset Distribution
Asset distribution disputes occur when beneficiaries believe allocations are unfair or when previously acknowledged heirs are omitted. Such disagreements can stem from perceived changes to the trust that benefit some parties over others or from unclear language in the document. Resolving these disputes requires reviewing the trust terms, related documents, and the circumstances of any amendments. Parties should document their concerns and explore whether negotiation or court review is the best way to address alleged unfairness.
Claims of Undue Influence
Claims of undue influence often involve situations where a caregiver or close associate appears to have steered the trust maker toward decisions that favor that person. These allegations focus on whether the trust maker was subject to pressure or manipulation that overrode their free will. Evidence such as sudden changes in drafting, isolation from family, or financial maneuvers can support such claims. Careful fact gathering and documentation are essential when pursuing or defending against allegations of undue influence.
Questions About Mental Capacity
Challenges based on capacity typically arise when there are concerns the trust maker lacked the mental ability to understand the nature and effect of their decisions at the time the trust was created or amended. Medical records, contemporaneous observations, and testimony from treating providers are often relevant in evaluating capacity. Addressing capacity allegations requires careful coordination of medical and legal evidence to show whether the trust maker appreciated property, beneficiaries, and the consequences of the instrument.
We're Here to Help with Trust Contests in Dixon
Why Choose Our Firm for Trust Contest Matters
Clients choose our firm for careful, personalized attention to trust contest matters because we focus on practical strategies grounded in California law and local probate practice. Our process emphasizes clear communication, prompt action to preserve evidence, and tailored planning to address both legal and personal considerations. We help clients weigh alternatives, prepare documentation, and pursue outcomes that reflect their priorities while following applicable legal standards.
We provide thoughtful guidance at each stage, from initial assessment through settlement or litigation, ensuring that clients understand procedural requirements, likely timelines, and potential costs. Our team works to facilitate constructive dialogue when possible and prepares thoroughly for court when necessary, supporting clients with organized case materials and consistent communication so they can make informed decisions throughout the process.
Throughout a trust contest, we aim to reduce uncertainty by explaining options, setting realistic expectations, and helping clients evaluate proposed settlements or litigation strategies. Assistance includes review of documents, coordination of necessary records, and representation in negotiations or court proceedings. Our goal is to help clients pursue resolutions that honor the trust maker’s intentions while protecting legal rights and relationships to the extent possible under California law.
Contact Us to Discuss Your Trust Contest Case
How We Handle Trust Contests at Our Firm
Our process begins with a careful intake and review of the trust documents and related materials to identify legal issues and practical objectives. We then gather additional records, interview relevant witnesses, and develop a strategy that considers negotiation, alternative dispute resolution, and litigation options. Throughout the matter we maintain clear communications about next steps and likely outcomes, coordinate discovery and filings when required, and prepare to present the strongest factual and legal case if the dispute proceeds to probate court.
Initial Case Evaluation and Strategy
The first phase focuses on collecting key documents and assessing the legal basis for any claims or defenses. We review the trust instrument, amendments, correspondence, medical records when relevant, and other materials to build a factual timeline. Based on this evaluation, we identify priorities, potential witnesses, and whether settlement or court action is the most appropriate next step given the client’s objectives and the local probate environment.
Fact-Finding and Document Review
Fact-finding includes gathering the trust instrument and related documents, obtaining medical and financial records when necessary, and interviewing individuals with firsthand knowledge of relevant events. Creating a clear chronology and compiling supporting evidence are essential to assessing the strengths and weaknesses of a contest. Organized documentation supports efficient discovery and improves the quality of negotiations or court presentation when matters escalate.
Client Consultation and Goal Setting
We meet with clients to discuss objectives, concerns, and preferred outcomes, and to align legal strategy with those goals. This step clarifies whether the priority is protecting assets, preserving family relationships, or seeking a definitive court ruling. Setting realistic expectations about timelines and costs helps clients choose between alternative dispute resolution and litigation, and ensures each action taken supports the overall strategy.
Negotiation and Settlement Planning
When appropriate, we pursue negotiation or mediation to seek a resolution that addresses the parties’ interests without prolonged court proceedings. Negotiation can be effective when facts are clear or parties are willing to compromise, while mediation introduces a neutral facilitator to help find common ground. Settlement planning also includes drafting enforceable agreements and ensuring any resolution complies with California trust and probate laws to prevent future disputes.
Mediation and Alternative Dispute Resolution
Mediation provides a confidential forum to explore settlement while avoiding the time and publicity of court proceedings. It is often useful when the issues are factual and parties are open to compromise. Preparing for mediation includes organizing evidence, identifying realistic objectives, and understanding likely court outcomes if mediation does not succeed. Well prepared mediation can preserve relationships and produce practical outcomes that are tailored to the needs of the family and beneficiaries.
Facilitating Communication Between Parties
We work to open constructive lines of communication among interested parties where feasible, helping to identify common interests and reduce misunderstandings that escalate disputes. Facilitating dialogue can reveal solutions that satisfy multiple stakeholders and minimize the adversarial nature of contested proceedings. When direct communication is not possible, representation in mediated discussions or correspondence can help move settlement talks forward while protecting client interests.
Litigation and Court Proceedings
If settlement is not possible, litigation in the Solano County probate court may be necessary to resolve disputed issues. Litigation involves filing formal pleadings, conducting discovery, preparing witnesses, and presenting legal arguments and evidence at hearings or trial. The court will evaluate the admissibility and sufficiency of evidence supporting claims like undue influence or lack of capacity and then issue orders that determine whether the trust stands, is modified, or is invalidated.
Filing and Managing Court Documents
Managing a trust contest in court requires timely filing of complaints, responses, and motions, along with detailed discovery requests and responses. Proper organization of documents, adherence to procedural rules, and clear presentation of evidence are essential to avoiding delays and preserving arguments. Careful docket management and coordination with the probate court help keep the case on track and ensure that critical deadlines are met throughout litigation.
Representation in Hearings and Trials
When hearings or trial are required, effective representation includes presenting documentary evidence, examining witnesses, and arguing legal points focused on the governing California standards. The probate court considers the totality of the evidence when resolving disputes about capacity, undue influence, or validity of execution. Preparing witnesses, organizing exhibits, and anticipating opposing arguments are key elements of a strong courtroom strategy to protect client interests during contested proceedings.
The Proof is in Our Performance
Frequently Asked Questions About Trust Contests in Dixon
What are the most common reasons to contest a trust in Dixon?
Common reasons for contesting a trust include allegations that the trust maker lacked mental capacity when creating or amending the trust, that someone exerted undue influence or coercion, that the trust was not properly executed according to required formalities, or that fraud affected the trust maker’s decisions. Disagreements over whether the trust reflects the trust maker’s true intentions often bring family members into conflict and prompt formal challenges. Understanding the specific legal basis for a contest is the first step in evaluating whether a claim is viable. Each basis for contest requires different types of evidence and legal argument. For capacity claims, medical records and contemporaneous observations are often central. For undue influence, the relationship between the influencer and the trust maker and timing of changes matter. Procedural defects or fraud may be shown through document examination and communications. Early review of records and timelines helps determine which issues are most likely to succeed and guides the decision to negotiate or litigate in Solano County.
How long does a trust contest typically take in Solano County?
The length of a trust contest in Solano County varies widely depending on complexity, the willingness of parties to negotiate, and the court calendar. Some matters that are resolved through early mediation or settlement can conclude in a few months, while contested litigation may extend over a year or longer. Factors that extend timelines include discovery disputes, the need for expert analysis of medical records, and crowded court dockets. Planning for potential delay helps set realistic expectations and informed decisions. Proactive preparation and timely actions can shorten a contest where possible. Early document gathering, focused negotiations, and engagement in alternative dispute resolution often reduce the need for lengthy litigation. When court proceedings are necessary, efficient case management, clear evidence presentation, and compliance with procedural rules improve the prospect of timely resolution, though some cases still require extended effort to reach a final judgment.
What evidence is needed to contest a trust successfully?
Evidence needed depends on the grounds for contesting a trust. For capacity challenges, medical records, physician observations, and testimony from witnesses who knew the trust maker can be important. For undue influence claims, communications, financial records showing transfers, and witness statements that show coercive behavior or isolation may be relevant. If improper execution is alleged, the physical trust document, notarization, and witness signatures are essential to examine. Gathering and preserving evidence early is critical. Take care to collect original documents, relevant correspondence, financial statements, and contemporaneous notes. Interview potential witnesses sooner rather than later while memories are fresh. Organized evidence supports stronger negotiation positions and clearer presentations in court if litigation becomes necessary in Dixon and Solano County.
Can trust contests be resolved without going to probate court?
Yes, many trust disputes can be resolved without formal probate litigation through negotiation or mediation. Alternative dispute resolution allows parties to work toward mutually acceptable outcomes while avoiding the time, cost, and public nature of court proceedings. Mediation can be particularly effective when disagreements are limited in scope or when parties are willing to engage constructively and compromise to achieve a practical resolution. Even when pursuing out-of-court resolution, thorough preparation is still important. Document organization, clear statements of objectives, and an understanding of likely court outcomes help in evaluating settlement proposals. If mediation does not produce an agreement, parties should be prepared to move to probate court with evidence and arguments assembled, as the probate process will then control the resolution.
Who has standing to contest a trust in California?
In California, those with a direct financial or legal interest in the trust typically have standing to contest it. This group commonly includes named beneficiaries, heirs who would inherit in the absence of the trust, and others who may be affected by the trust’s terms. Establishing standing early is important because procedural rules can bar claims by parties who lack a proper legal interest in the matter. If you are unsure whether you have standing, review the trust document and related estate planning instruments and consider consulting about eligibility. Confirming standing before initiating a contest avoids wasted effort and reduces procedural risk, ensuring that any claim filed in Solano County will be heard on its merits rather than dismissed for lack of interest.
What are the potential outcomes of a trust contest?
Potential outcomes of a trust contest range from the court upholding the trust as written to modifying provisions, setting aside certain amendments, or invalidating the trust in whole. Some cases result in negotiated settlements that alter distribution or administration terms without a court ruling. The specific outcome depends on the facts, the strength of evidence, and applicable California legal standards regarding capacity, undue influence, and execution. Parties should be prepared for multiple possible resolutions and consider settlement alternatives that achieve practical goals. Understanding realistic outcomes and likely remedies helps shape strategy, weighing the benefits of settlement versus the cost and uncertainty of pursuing full litigation in the Solano County probate system.
How much does it cost to contest a trust in Dixon?
Costs to contest a trust in Dixon vary based on case complexity, the length of proceedings, and whether the matter is resolved through negotiation, mediation, or litigation. Simple contests resolved through settlement can be relatively economical, while contested litigation involving extensive discovery, expert records, and trial preparation can become costly. Discussing fee structures and likely expenses early helps clients plan and make informed choices about pursuing claims. Cost management strategies include focusing on key issues, attempting alternative dispute resolution to limit court time, and prioritizing efficient discovery. Transparent communication about likely fees and phased approaches to proceedings helps parties balance financial considerations against the potential benefits of pursuing or defending a contest.
Where are trust contests heard in Solano County?
Trust contests that proceed to court in the Dixon area are heard in the Solano County probate court, which applies California trust and probate law to disputes involving estates and trusts. The probate court handles filing requirements, discovery procedures, hearings, and rulings on contested matters. Familiarity with local rules and courtroom procedures can affect the management and timing of a contest. Parties should ensure filings conform to the Solano County probate guidelines and be prepared for scheduling and procedural matters that can affect timelines. Coordinating document filing, discovery responses, and hearing preparation with awareness of the local court calendar improves case management and presentation in court.
When should I consider mediation for a trust dispute?
Consider mediation when parties are willing to engage in negotiated solutions and when factual disputes are amenable to compromise. Mediation often reduces cost and preserves relationships by offering a confidential forum to discuss possible resolutions with the assistance of a neutral facilitator. It is especially useful when the contested issues are limited or when parties want to avoid the expense and publicity of court proceedings. Even when mediation is appropriate, it is important to prepare thoroughly by organizing key documents and clarifying objectives. Understanding likely court outcomes provides a benchmark for evaluating settlement offers. If mediation does not produce a resolution, the preparation undertaken for it will serve the case well if litigation becomes necessary in the Solano County probate court.
How can I preserve evidence if I am thinking about contesting a trust?
Preserve evidence by collecting and safeguarding original documents, emails, financial records, and any notes or correspondence related to the trust maker’s decisions. Obtain medical records early if capacity may be an issue and secure statements from witnesses who observed relevant events or interactions. Avoid altering or disposing of documents and keep records organized with clear labels, dates, and summaries of their relevance to the contest. Document preservation also includes making copies and backups of electronic files and communicating to family members and custodians the importance of maintaining records. Early preservation reduces the risk of lost evidence and supports clearer evaluation of claims or defenses, whether pursuing settlement or preparing for probate court proceedings in Dixon.