Seven Examples of Prayers in a Petition
Probate litigation takes place for an heir or beneficiary to receive their rightful inheritance. An heir or beneficiary files probate litigation against an executor, administrator, or a third party. Check out our Pillar Page below to find out if Probate Litigation suits you.
Guide to Probate LitigationWhen pursuing a trust litigation matter, the first stage is the pleading stage. During this stage, a petition is filed with the probate court wherein the petitioner states his claims. If the matter is pursued in civil court rather than probate court, the petitioner is known as a plaintiff. And the petition is referred to as the complaint. The petitioner states that the causes of action laid out in the petition are supported by facts. The petition or complaint is concluded with a “prayer.” Keep on reading to see seven examples of prayers in a petition.
Seven Examples of Prayers in a Petition:
What is prayer? Prayer is a statement where the petitioner or plaintiff requests certain monetary or other damages. Examples of common prayers used in lawsuits involving trusts or estates include the following:
- Attorney’s fees and costs.
- Double damages under the applicable California law.
- A court order directing the defendant, respondent, or objector to return all assets that were wrongfully taken from a trust or estate.
- A judgment in favor of the plaintiff or petitioner on all the causes of action in the complaint or petition.
- Punitive damages.
- Actual damages.
- Any other relief that the court deems fair and proper.
If however, you suspect theft, you may need to take more drastic action. Our article, “What Should I Do If I Suspect an Executor Is Stealing From a California Probate Estate,” outlines the seven steps that you should take in these situations.
In conclusion, we know that understanding the trust litigation process is difficult for anyone who has never had to navigate the complex world of estate issues in the past.