Even if you have a high likelihood of success, what is the cost, both emotionally and financially? Litigation is both expensive and stressful. Trials and appeals can take years. Are there sufficient funds in the estate to litigation? Can you manage several years of stress? Yes, the attorney does the heavy lifting, but the attorney is not emotionally invested. Depositions and other discovery can be emotionally draining, because answers are not black and white... and are tempered by interpersonal relationships. It’s not uncommon for an attorney to have a strong case, yet have a client who is grieving or unwilling to go through prolonged stress just because “it’s the right thing to do.”

Ultimately, it is the client’s decision whether to pursue litigation or to engage in settlement negotiations. There is no right or wrong answer. Your attorney can legally analyze your case and provide insight into possible outcomes, and your attorney should also be able to help you understand what will be involved in litigation. In the end, it’s a personal decision. You should carefully consider how unpredictable the outcome may be in the case. Is it worth your time financially and emotionally? Do you want to engage in stressful litigation and possibly damage or destroy family relationships? Someone else's right choice may not be the right choice for you.