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Mediation can solve probate litigation issues

On Behalf of | May 6, 2019 | Probate Litigation |

Do you have a dispute over an estate for which you have to go to court? It may be possible to challenge the will in court but it is less likely now than before. If someone went through the trouble of writing a will, then that person hoped to spare you the trouble of a court appearance and the possible rancor of fighting family and friends.

The most likely reason for problems that cause claims, counterclaims and lawsuits in probate court is a failure to communicate properly. This could be at many levels and between various parties. Perhaps two adult children of a parent thought each was getting a single asset upon death. Maybe an attorney misunderstood the wishes of a person who created a complicated financial instrument like a trust.

People can only go so far with the best of intentions. Sometimes they need help to start communicating or must change their approach to accomplish their aims. This is why mediation is becoming a more popular way of dealing with probate disputes.

Mediation give parties to a conflict a chance to express their positions before an objective person with experience in solving problems. A good mediation session saves money on expensive and combative litigation as well as giving more ownership of the solutions to probate problems to the people they affect.

Parties to a dispute in probate court have the right to legal representation at any time during the process, including during mediation. An attorney can help properly represent a person’s interests during any court appearance or event that matters in the decision on how a estate is distributed.