Probate matters frequently involve parties who are unable to represent themselves, such as minors, or elders with mental health issues like dementia. Occasionally, the party may be an unknown or unascertainable beneficiary to a Trust. For their interests to be represented, the Court must appoint a guardian ad litem.
A Guardian Ad Litem can also facilitate resolution in a disputed matter, while ensuring that the party’s best interest is always their top priority.
Matthew Talbot is regularly called upon by counsel to act as Guardian Ad Litem. Mr. Talbot’s experience includes handling discovery disputes for demented elders, advocating on behalf of elders and minors’ interests at mediation, representing minors whose inheritance is in dispute, and analyzing distribution processes to see how they would affect unknown or unascertainable beneficiaries.
Often, Courts will not allow a matter to be resolved without the interests of one of these parties being handled professionally. The Court prefers neutral attorneys to family members who may have a conflict of interest. Without a Guardian Ad Litem, many probate matters cannot be resolved.
Additionally, sometimes if the interests of parties such as these are not fully protected, the party themselves, or somebody acting on their behalf, could potentially come back later in an attempt re-litigate the matter (Roth v. Jelley).
Thus, it is imperative, to have a Guardian Ad Litem in the case to ensure full and complete resolution.
Contact our Firm and schedule a Consultation to discuss how Matthew’s appointment as a Guardian Ad Litem can help your client and your case.
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