Key steps of probate procedure

Henry Gornbein: What are some of the key steps in the procedure that you’re involved in, in this area?

Howard Linden: The key steps in the procedure are information, information and getting information. The reason I say the following as my article demonstrated, at the beginning of a case when people’s minds are fresh and information is current you must have certain information to open up an estate. You must have certain information to find out who the interested parties are pursuant to a wrongful death litigation scenario. You’d be surprised how memories fade two years after a lawsuit has started. By that I mean, at the beginning of a case, we get the information as to where all of the brothers and sisters are, their addresses and so forth. At the end of a case if there are some other issues on the table such as relationships with the dead individual, you’d be surprised how many times the PR who normally is a child or a spouse can’t remember where brother Billy lives or can’t remember all of the names of the siblings. That is a very dangerous situation for my attorneys, my clients, the PI lawyers.

Henry Gornbein: Why is that?

Henry Gornbein: If you leave somebody out, you have a problem. If you leave out an interested party who should participate in a settlement, regardless of their relationships, you have a problem. So, I encourage my attorneys to call me in immediately so when things are still very new and up to date, I have formulated an information packet that I have done myself, where I squeeze out every bit of information that I need right at the beginning, so when the case is settled or when the trial is over three years from now, I can compare the information that I got now with the information that I would get later.