Trusts and Estates
Ca. Trs. & Estates Quarterly 2018, Volume 24, Issue 4
Content
- The "Empty Chair": How To Account For the Rights of Contingent Remainder Beneficiaries In the Event of Incapacity
- An Estate Planner's Guide To Family Law Presumptions
- Autopsy of a Trusts and Estates Case: the Appellate Doctor Is In
- Domesticating Foreign Trusts: the Trust, Tax, and Ethical Considerations In Bringing Foreign Trusts Home
- Tips of the Trade - Using the Statement of Decision To Maximize Your Chances of Winning a Trust or Probate Appeal
TIPS OF THE TRADE – USING THE STATEMENT OF DECISION TO MAXIMIZE YOUR CHANCES OF WINNING A TRUST OR PROBATE APPEAL
By Alana H. Rotter, Esq.*
Statements of decision play a critical role in an appeal following a court trial: they frame the appellate court’s review, and they set the parameters for what inferences the court will draw in favor of the appealed order. That makes the statement of decision process an important tool for litigators seeking to position their cases for appellate success.
Understanding statements of decision and the strategic opportunities they present is especially valuable for lawyers who handle probate proceedings, where court trials are common and there are more appealable orders than in civil cases. This article provides a roadmap of the process and key considerations along the way.