Interpleader Litigation Lawyer Missouri
There are times, where people are owed various goods and services that they worked for. Moreover, when it comes to the factors pertaining to litigation, there is a strong focus, on whether one person or the other, is the one that should owe various properties or funds. A strong example of this would be home-owning. For example; if a husband and a wife were to get a divorce, one of the defining aspects that may come into play, would be who would get to keep various assets, such as the owned house, being an example. Moreover, finances would play a factor as well. Another example of litigation assessments would pertain to job work. For example; if an employer refused to give a worker wages that were owed, and there was a debate about whether the employee in question really worked the hours that they said, this would be another example of litigation. These factors can be complicated, and as such, it is important to contact a lawyer in such circumstances. An example of this would be through contacting an interpleader litigation lawyer Missouri residents rely on.
Interpleader Litigation Lawyer Missouri
What the main focuses of interpleader litigation lawyers focus on, pertain to breaking down who owns what property or assets, how much of what is owed to the opposing party and/or the person in question. What this helps to do is assess if the law has been broken in the interpleader situation. For example; a situation involving wage theft in a litigation situation would break the law, compared to a situation involving who gets to keep what, in a divorce. Moreover, a strong aspect that should also be focused on, pertains to branching out and appealing to people in need of different types of cases. For example; Legacy Law Center, has a focus on different types of interpleader litigation cases, such as estate planning, probate administration, as well as estate litigation. For any legal business, these kinds of practices help to branch out and assist in building a wide variety of cases, among audiences.
A Missouri interpleader litigation lawyer from the Legacy Law Center is accustomed to handling interpleader actions. With an interpleader action, one party may make a claim with two or more other parties about who has control of an asset. The court will decide who has the rights to this asset, place this asset into the court or a third party’s custody, and remove itself from litigation. But to achieve this outcome, the party who is holding an asset must file an interpleader action. The party initiating litigation is called the stakeholder. The property or money in focus is called the res, and every defendant with a potential interest in the subject are called claimants.
The process of an interpleader proceeding as a couple different stages. The first assesses if the stakeholder is actually entitled to an interpleader, and if it should be released from liability. The second step determines which of these claimants is entitled to the res. A stakeholder doesn’t have the funds or time to fight over ownership, so the other parties have a platform to debate amongst themselves in court. To have grounds for an interpleader process, the following must happen:
- The same debt, duty, or thing must be the res claimed by every claimant
- Adverse claims or titles must be derived or dependent from a common source
- A stakeholder cannot claim or have interest in the res
- A stakeholder must have accrued no independent liability to the other claimants, and must be unbiased to the outcome
Interpleader action can occur when two or more parties have claims on an insurance policy, and the insurance agency has no desire to be part of the debate, and asks the court to remove it. Another instance of interpleader action would be an escrow holder for a real estate transaction that holds a deposit, and there is disagreement between parties about who should get a deposit back. As a Missouri interpleader litigation lawyer has seen, in these types of situations, it is often the escrow holder who will file an interpleader action. To have a res released, an interpleader res holder has to deposit sums to the court, which safeguard it while the issue is being litigated.
All in all, the purpose of an interpleader is to remove a party that doesn’t have a stake in the verdict of a dispute over an asset held by another party. It permits the claimants to have a platform to argue the subject at hand, without wasting money or time of the uninterested party. Every potential claimant must be brought into the action, otherwise the relief to the stakeholder won’t be effective. As your Missouri interpleader litigation lawyer may explain, if you are one of these claimants, once served you have to appear and state your claims, or you may not have a chance to do so again.
What situations in life would call for you to use an interpleader lawyer?
Numerous situations in life could cause you to need to work with an interpleader litigation lawyer. It is extremely common in life for two parties to fight over something. Whether it is an amount of money, assets, or property. This procedure helps to settle a dispute that comes up when two or more properties believe they have ownership over something. When this kind of situation occurs, the person who owns the property can work with a lawyer to file for an interpleader. This would bring the decision before a court to determine who can rightfully claim the property or assets.
The Interpleader Process
If you believe you may want to work with an interpleader litigation lawyer, it can be beneficial to understand the steps during the interpleader process. The party who decides to initiate the litigation (the stakeholder) is typically known as the plaintiff-interpleader while the other parties involved in this process are known as the claimant-in-interpleaders. Below, you will find the pros and cons of an interpleader action.
- The stakeholder avoids lawsuits. The stakeholder does not face multiple lawsuits from different parties over the property or assets in question.
- The real claimants come to light. When you are trying to determine who actually has a legitimate claim to the property or assets in question, it can take forever to figure out who should truly be involved and who shouldn’t. An interpleader litigation lawyer can help to weed out who should not be involved and allow for an appropriate forum for the claimants to argue their reasons.
- An interpleader can be the quick route. This is typically the best option because it is likely going to be much quicker than it would be to try to get certain fees or reductions for individual parties.
- The court ends up deciding. The stakeholder may feel a heavy burden when it comes to a decision. However, the court ends up being the party that decides which claimant will end up with the property or money in question.
- The stakeholder can get help with fees. Finally, the stakeholder may be concerned about needing to pay court fees or attorney fees. However, this process can allow the stakeholder to get back costs such as attorney fees and court fees.
- This is not an easy out. Stakeholders may wish to seek interpleader so that they are no longer along for the ride until a resolution is made. However, courts often require the stakeholder to continue with the case until the court makes a final ruling.
- The money comes from the award. If the court decides to grant the stakeholder a reimbursement amount for the court costs and the attorney fee, this is something that would come out of the defendant’s award. Although this is not usually a large amount of money, it can be more substantial depending on the complexity and type of case.
Call our office today if you are in need of an interpleader litigation lawyer.
If you have further questions or concerns about an interpleader proceeding, don’t hesitate to reach out to our team for help. We understand that an interpleader process can be confusing, so we are here to clarify and offer guidance. We hope to hear from you today!
5 Myths About Working with an Interpleader Lawyer
If you’re considering working with a Missouri interpleader litigation lawyer, you may have heard a lot of myths about the process. Some people believe that it’s expensive, time-consuming, and difficult to find the right lawyer. However, the truth is that working with a lawyer doesn’t have to be any of these things. Read on to debunk some of the most common myths about working with an attorney, so you can make an informed decision when looking for legal help, and then contact Legacy Law Center for help.
1) Myth #1: All Cases Go to Trial
The misconception that all cases involving an interpleader litigation lawyer go to trial is completely false. While some cases may go to trial, most are resolved out of court through negotiation, mediation or arbitration. Going to trial is often a last resort, and is not always the best option for both parties. An experienced interpleader lawyer will use their knowledge and expertise to advise the client on the best course of action for their particular situation. Depending on the facts of the case, the lawyer may recommend an alternative dispute resolution such as negotiation or arbitration in order to reach a speedy resolution without having to go to trial. This can save both time and money for the client.
2) Myth #2: The Lawyers Are Always in Control
Many people mistakenly believe that when you hire a Missouri interpleader litigation lawyer, the lawyers are always in control of the case. While it is true that your legal team will have a certain amount of control, they should always act in your best interests and will be guided by your instructions. Your attorneys may have to make decisions and take action on your behalf if they deem it necessary, but ultimately, you are still in charge. You have the final say over any legal decisions made throughout the course of your case. It is important to remember that your lawyers are there to advise you and help you achieve the best possible outcome for your case.
3) Myth #3: A Case Always Goes to Trial
Many people think that all cases involving lawyers must go to trial. This is simply not true. In many cases, an interpleader litigation lawyer may be able to negotiate a settlement or an out-of-court resolution that avoids trial altogether. The lawyer’s job is to assess the risks of each case and work with their client to determine which course of action is best. Going to trial is always an option, but it may not always be necessary or the most cost-effective solution. An experienced lawyer will take the time to discuss all of your options with you before deciding which course of action to take.
4) Myth #4: Lawyers Are Expensive
When considering whether or not to hire a lawyer, many people immediately think about the cost associated with legal representation. It is true that lawyers can be expensive, but this isn’t always the case. Many lawyers work on a contingency basis, meaning they don’t collect any payment until after the case has been settled in your favor. Additionally, some lawyers offer flat-fee pricing and other payment plans that can help you manage the cost of legal services.
5) Myth #5: Lawyers Are All the Same
One of the biggest misconceptions about interpleader litigation lawyers is that they are all the same. This simply isn’t true. While many attorneys may practice similar types of law, each attorney has their own individual skill set and areas of expertise. As such, it’s important to take the time to research and evaluate the different lawyers available before making a decision on who to hire. Ask questions and make sure you understand the lawyer’s background, experience, and qualifications before signing a contract. Doing your due diligence will ensure that you find an attorney who is best suited to handle your case.
Contact a Missouri interpleader litigation lawyer at Legacy Law Center for more information!
5 Myths About Working With An Interpleader Lawyer Infographic
Missouri Interpleader Litigation Lawyer
If you or a loved one are in need of legal assistance and representation regarding litigation, it would be in your best interest to contact an interpleader litigation lawyer clients can trust in Missouri.
- There are many different situations that would warrant help from an interpleader litigation lawyer. A common scenario would be if a couple decides to divorce and needs help deciding who gets what assets and if they are keeping their home, who has ownership. Obviously, there are many factors in that situation that would determine the outcome, but thankfully, an interpleader litigation lawyer can help their clients throughout every step of the legal process. Another common situation that would benefit from the legal aid of an interpleader litigation lawyer would be if a boss refused to pay a worker their wages, or if the worker never did their assigned work, but demanded pay. These situations can get messy and complicated, but interpleader litigation lawyers have years of training, experience, and practice discerning through the mess, and finding helpful solutions.
- When searching for a Missouri interpleader litigation lawyer, it is important that the client feels respected and supported. The working relationship between an attorney is important, one should be marked by confidentiality. Clients should not fear whether or not their attorney will judge them, but understand that what is said is confidential, meaning just between the client and his or her lawyer. If a client feels as if their interpleader litigation lawyer is unsupportive, or is not working hard to fight for their needs, or advocate on their behalf, they have the right to seek out new counsel. The lawyers at Legacy Law Center are ready and able to help their clients and create an environment in which their clients feel supported and empowered to pursue legal action.
- Interpleader litigation lawyers understand how emotionally taxing the litigation process can be for their clients, and all parties involved. When dealing with a divorce, many clients may feel emotional pain as they have to divide their assets and fight for what they feel they deserve. The legal process of litigation can often bring out the worst in people as they feel the loss of control, and their ownership being taken away. If clients feel as if they are being taken advantage of, they may have a hard time thinking clearly and rationally. Strong emotions can often cloud sound judgment. That is why hiring an interpleader litigation lawyer is so important. They can work on behalf of their client, without being weighed down by the emotional components of their case. Being outside of the situation has incredible benefits, and is a reason why many attorneys can provide wise counsel to their clients.
- Whether your situation is a personal matter of divorce litigation or a workplace issue, an attorney can help guide you through each step of the litigation legal process. If you or a loved one are in need of litigation assistance, it would be wise to contact an interpleader litigation lawyer and set yourself up for success.
When would a hospital or healthcare agency need to prepare for an interpleader action?
If you are part of a hospital administration team or emergency staff, a trusted Missouri interpleader litigation lawyer from Legacy Law Center knows that you may need to be ready for an interpleader action. When would this happen? Say you work in the emergency room department and there is a serious car accident that brings in patients who are unconscious. Although the hospital staff may be doing everything they can to take care of the patient, the patient may come back suing the hospital under an interpleader action saying that they should not be required to pay their medical bills.
What happens if you have been served in an interpleader action?
If you have been served as part of an interpleader action the best thing you can do is speak with your Missouri interpleader litigation lawyer as soon as possible so that you can discuss the options in front of you. In almost any legal case you are involved in, you will want to retain a lawyer. Interpleader actions can be especially complex and you should assume that the other party has already retained a lawyer. Your lawyer will be able to see if the interpleader action has already been filed in court and what kind of time limit you may have for responding.
How would an insurer file an interpleader claim?
Life insurance can become complicated quickly. In certain instances, an insurance company may not be able to determine who the proper beneficiary of a life insurance policy is. If an insurance company does not know which beneficiary they should pay the policy proceeds to when it comes to life insurance then they may choose to move forward with an interpleader action. In this instance, the insurer may choose to keep the funds safe by depositing the insurance proceeds with the local court. Then, the court can settle who the proper beneficiary is. Typically in these cases, the insurer will provide identification for multiple parties that may be involved–parties who may be named as beneficiaries–and serve each party with the action. Once this is done, the parties who are interested in getting the life insurance would present their cases for why they should get the life insurance. This often happens when:
- Someone thinks they were excluded when they should have been named as a beneficiary
- The person who was named as a beneficiary passed away
- The person who was the insurance policyholder attempted to make an amendment but did so incorrectly
- Someone who was originally named as a beneficiary but was later taken out believes that this was done so in error
These kinds of situations can be extremely stressful for anyone who is involved in them. When you are part of an interpleader action, whether you are filing or whether you were served, it is crucial that you retain legal help. To see how Legacy Law Center can help you, reach out to our Missouri interpleader litigation lawyer now.
Missouri Interpleader Litigation Lawyer
Missouri interpleader litigation is a specific type of civil litigation where a party claims it may face double liability because there are two competing claims for a specific asset. If you are facing this type of litigation, contact Legacy Law Missouri for help today.
The most common example of an interpleader litigation is where a life insurance company has received multiple and adverse claims for life insurance proceeds after an insured has died.
Under both Missouri law and federal law, the life insurance company can file an interpleader litigation and name the various parties claiming rights to the proceeds as defendants.
Once the Missouri interpleader lawsuit has been filed with the appropriate court, the life insurance company usually deposits the policy proceeds into the court. They are then dismissed from the lawsuit and the competing claimant defendants then attempt to establish that they are the rightful recipient of the funds.
What Happens Next?
Once the proceeds are deposited with the court, the different parties making claims for the proceeds must assert they are the rightful recipient. The parties, of course, can agree to a settlement and divide the proceeds if they wish as well.
It’s vital, however, that a claimant pursue the litigation or they can lose the proceeds by not responding. As with any civil litigation, responding to an interpleader suit is complex and a party making a claim for proceeds should always be represented by an experienced interpleader lawyer.
What Is An Example Of Interpleader Litigation?
Bill is a lifelong bachelor and in 2000 he names his niece Alexa, who lives near him and his nephew Alex, who lives overseas, as 50/50 beneficiaries on a whole life insurance policy worth $1 million.
In 2020, Bill begins having severe health issues and although Alexa does not take care of Bill, she visits him in the hospital. Bill is told by his doctor to make sure his affairs are in order and so he begins discussing the life insurance policy with Alexa during one of her visits. He asks Alexa to contact the life insurance policy and informs her that she is his power of attorney.
Bill wants Alexa to obtain a change of beneficiary form from the life insurance company because he tells her he wants to change the beneficiary to 75% Alexa, 25% Alex.
Alexa obtains the beneficiary form but Bill has now slipped into a coma and is incapacitated. Alex completes the beneficiary form as Bill suggested he wanted, leaving most of the policy proceeds to her and signs the change of beneficiary form under her own signature as Bill’s power of attorney.
Bill then dies. The life insurance company, however, refuses to honor the change of beneficiary form signed by Alex as Bill’s power of attorney because the power of attorney only allows Alexa to complete a beneficiary form but not change the percentages to beneficiaries. Alexa locates an email Bill sent to the life insurance company while in the hospital in which he requests a beneficiary form “…so I can give 75% of my life insurance policy to my loving niece Alexa.”
Meanwhile, Alex learns that Bill has passed and remembers that he once told him he was a 50% beneficiary of his life insurance, so he calls the claims department to get more information. He then learns that Alexa is claiming 75% of the proceeds instead of 50%.
After talking to both Alex and Alexa, it’s clear to the life insurance company that they have competing claims and thus they file an interpleader litigation in the federal court where Bill passed away.
How Can Legacy Law Center Help?
At Legacy Law Missouri, our firm has successfully represented interpleader litigants in multiple federal and state courts. We can advise you on the best course of action if you are named as a party in a Missouri interpleader lawsuit and we can sometimes undertake a representation in such a suit on a contingency basis rather than an hourly representation. In a contingency representation, our firm gets paid by a client only if we recover funds for them. This is often beneficial to clients who may retain our services but do not want to or cannot afford to pay us on an hourly basis.