An Exclusive Interview with Point Loma Estate Planning’s Ted Cook

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Today we have the pleasure of chatting with Ted Cook, a trust litigation attorney based right here in sunny San Diego. Ted, thanks so much for taking the time to shed some light on this often-complex area of law.

What Are Some Common Reasons People Might Find Themselves Involved in Trust Litigation?

“Well,” Ted begins, leaning back in his chair, “trust litigation arises when there are disagreements about how a trust should be administered or distributed. Think of it like this: a trust is essentially a set of instructions left behind by someone who’s passed away, outlining how their assets should be managed and eventually given to beneficiaries.”

“Sometimes those instructions aren’t crystal clear, leading to disputes about the settlor’s true intentions. Other times, there might be accusations of wrongdoing on the part of the trustee – things like mismanagement of funds, favoritism towards certain heirs, or even outright fraud.”

Can You Elaborate on the Discovery Phase? What Are Some Challenges Attorneys Face During This Stage?

Ted nods thoughtfully. “The discovery phase is crucial because it’s where both sides gather information to build their case. Imagine it as a legal treasure hunt, with each side trying to uncover evidence that supports their position.

  • We use tools like interrogatories (written questions), document requests, and depositions (oral examinations under oath) to get the facts on the table.
  • It can be challenging because parties sometimes try to withhold information or be less than forthcoming.

“My job is to make sure our client’s rights are protected and that we obtain all the relevant evidence needed to present a strong case.” Ted adds with a twinkle in his eye, “Let me tell you about one case…” He pauses for dramatic effect.