Retaining an Expert Witness for Trust and Estate Trials

Why is it the case that a "better" expert witness is one that furnishes expert witness services? A judge or jury is more interested in an expert witness who actually works in the field and acts as an attorney advising others in the field, rather than only acting as an attorney who advises others but does not work in the field.



That distinction is very important: a California trusts and estates expert witness who actually works in the field as a fiduciary, trustee, executor or administrator can testify as to what they and others do in that situation, being tried rather than just what they, as attorneys, suggest their clients do in that situation being tried. There is no substitute for actual experience as a trusts and estate expert witness furnishing expert witness services as a qualifying expert witness or a legal expert witness.

Testimony will range from the standard of care in accepting a trust, coordinating with the beneficiaries, making reports and furnishing accountings, preparing tax returns as well as providing the court any information it requires. There is a difference in a witness being able to testify that expert witness services are actually done on a regular basis, and others are advised on a regular basis, than just saying that others are advised on a regular basis.

An expert witness furnishing expert witness services should be able to state that those services are actually performed by them as that makes the qualifying expert witness more credible as an expert witness. Testimony that Cheadle Law can provide includes preparation of estate planning documents, trusts, wills, powers of attorney, interrelationship with business documents and tax planning as well as the preparation of accountings and estate, trust, corporate, partnership and individual income tax returns.

In one case where Tucker Cheadle was recently involved, several precedents were established in trust and estate law in the court of appeals decision in Pham v. Cheadle G050964 (April 15, 2016). The precedents related to disqualification of opposing counsel who obtains and uses privileged communications, Evidence Code relating to determining the intent of the decedent and the fact that a party adverse to the decedent cannot determine that intent from the decedent's attorney, and the attorney client privilege. Tucker Cheadle prevailed in this case.

Retaining the most qualified expert witness for trusts and estate trials comes down to an attorney that has actual experience as a trustee over trusts and estates. Tucker Cheadle has provided this experience to clients for over 30 years acting as a fiduciary on over 70 different trusts and estates. Contact C. Tucker Cheadle for the most qualified expert witness for trusts and estate trials.

Contact Cheadle Law today to discuss C. Tucker Cheadle providing expert witness testimony for your trust or estate trial at 949.553.1066