The Benefits of Mediating Your Probate Case

When people talk about divorces, they often talk about how bitter they are, how emotional, and how they can drag on for years. But nobody says the same thing about disputes in probate court—even though in many ways, family disputes in probate court can be even more bitter and drawn out.

Why Families May Fight

Anytime family members feel left out of a will, or they feel that the deceased may have been unduly influenced by someone who received assets from the estate, there can be a probate challenge. Because rival beneficiaries all wanting assets from the estate are often family members, it can create a dispute that has a lot of emotion and passion behind it.

Contested probate litigation is like any lawsuit. It can be long, include discovery, depositions, and ultimately, a full trial. This can be not only emotionally draining, but the irony is that the cost of fighting can drain the very assets the family is fighting about.

Using Mediation

One way to avoid this, is through a process called mediation. Mediation is a settlement conference between the opposing parties (with, of course, their lawyers present). But it isn’t just the parties talking between each other—there is a mediator there, to help the parties come to some resolution.

Because the mediator is neutral, he or she can often calm otherwise passionate parties into listening to reason.

The mediator isn’t a judge ,and does not have the power to render any type of final decisions. The mediator is more of a “go between,” a person whose job it is to try to get both sides to meet in the middle. The mediator may tell both sides why their position is terrible, or that it has merit, just to convince them to resolve their case.

You can, and often should, opt for mediation to resolve a probate dispute, but you don’t necessarily have to—the judge may order you to go to mediation, in which case, you’ll have to go whether you want to or not.

After the Mediation

If the parties resolve all of the issues in the case in mediation, the case ends on whatever terms the parties agreed to. If it doesn’t, the case continues as it normally would, and the good thing is that because mediation is totally and completely confidential, nothing that is said in mediation can ever be revealed to the outside world (or used against you in court).

Saving Money

Mediation is not cheap—but it’s a whole lot more affordable than continuing to fight, litigate, and ultimately, end upon a full blown trial. It can also maximize the assets ultimately received by the parties from the estate, as the estate is often paying for attorneys fees, to maintain estate property, and other costs, while the probate case remains open.

More importantly–it can minimize or end the emotional difficulties of infighting between family members.

Call the West Palm Beach probate lawyers at the Law Offices of Larry E. Bray today for help with your contested probate case.

Sources:

cedr.com/commercial/trusts-wills-probate-mediation/

law.pepperdine.edu/dispute-resolution-law-journal/issues/volume-one/12-love.pdf