THE PROCESS OF A LAWSUIT AND THE ROLES OF THE ATTORNEY AND CLIENT

The following discussion concerning the process of a lawsuit and the roles of the Attorney and client in this process is very general in nature. The discussion is not exhaustive and does not apply to every situation. It is provided simply as an overview to familiarize the reader with the litigation process and to serve as an aid in anticipating some of the events that may occur in the course of a lawsuit and the investigation before a lawsuit is filed.

A "pour-over" will is necessary to distribute any property that is acquired in the name of the grantor after the living trust was established, or any property that was not transferred into the trust in the first place.

The use of "pour-over," together with a living trust ensures that assets not held in trust will be distributed in accordance with the wishes of the deceased, and not by the laws of intestacy.