Probate,
Appellate Practice
Apr. 14, 2021
Is it worthwhile to appeal a probate court loss?
An appeal is not a chance to retry your case. But — with experienced appellate counsel — it may be an opportunity to fix what went wrong.
David Greco
RMO LLPDavid is a trust, probate, and estate litigation attorney and runs the firm's San Diego branch. He is an experienced appellate practitioner who litigates -- and wins -- in the 9th Circuit Court of Appeals, the California Court of Appeal, and the California Supreme Court.
The disappointment of losing a trust contest, will contest or other probate petition often immediately leads clients and lawyers to ask, "should we appeal?" The answer -- like most answers in the law -- is, "it depends."
An appeal is not a second bite at the apple. The appellate courts do not hold another trial. Instead, they review the lower court's decision for legal errors and -- in rare circumstances -- factual error. But the latter is uncommon becau...
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