Probate mediation often presents unique tensions and challenges because of the relationships between the parties. A skilled mediator will recognize the need for solutions that emphasize the possibility of preserving relationships and achieving compromises that benefit all of the parties. The following Mediation Solutions mediators have the expertise, knowledge, and experience to assist parties with the resolution of these disputes:
Probate disputes often arise during periods of grief and may involve relatives or beneficiaries with long-standing personal disagreements. Litigation can intensify those conflicts, reduce the value of an estate and make it more difficult to preserve family relationships. Mediation provides a private setting in which the parties can discuss their concerns with a neutral mediator.
The mediation process allows beneficiaries, heirs, executors, trustees and other interested parties to explore solutions based on the estate’s property, finances and family circumstances. The parties may consider options for distributing assets, selling or retaining property, resolving accounting concerns or changing the administration of an estate or trust.
The mediator does not determine the validity of a will or decide how property must be divided. Instead, the mediator helps the parties clarify disputed issues, communicate more effectively and evaluate possible compromises. Any final settlement remains voluntary and must be accepted by the parties involved.
Probate mediation may be used for will contests, trust disputes, beneficiary disagreements, accounting disputes, breach of fiduciary duty claims, allegations of undue influence and requests to remove or replace an executor or trustee.
Yes. The parties may discuss the sale, transfer or division of real estate, personal property, investments, family businesses and other estate assets. Any final distribution agreement must be accepted by the participating parties.
Mediation provides a private setting where family members and beneficiaries can discuss concerns with a neutral mediator. Although an agreement is not guaranteed, the process may help improve communication and reduce the strain of prolonged probate litigation.
