How Can Mediation Help Resolve Probate Disputes in California?

 Posted on October 23, 2024 in Mediation

When a person dies and leaves behind an estate, it often passes through a process called probate. In this process, a court oversees the distribution of the estate to the heirs or beneficiaries of the deceased person, called the decedent. If the decedent left behind a will, the court will appoint the executor named in the will to ensure it is carried out. If there is no will, the probate court will search for heirs to be beneficiaries of the estate.

Sometimes, beneficiaries may disagree about how the will is being executed or how the estate is being distributed. If these disagreements turn into legal disputes, a judge will likely suggest the parties first try to reach a settlement through probate mediation.

This article will discuss what probate mediation is and how it can help resolve probate disputes. For more details or for legal assistance in any estate planning matter, contact an experienced California estate planning attorney.

How Does Probate Mediation Work?

Probate mediation is a way for parties to resolve probate disputes without a court battle. Instead of a judge deciding in favor of either side, mediation involves a neutral party called a mediator who tries to guide both sides toward a settlement. Mediation sessions usually begin with the mediator meeting with all parties together and then with each one separately, alternating between them while trying to bring each side closer to a compromise.

Mediation is a confidential process that allows parties to have more control over the outcome. It also helps save time and heavy costs associated with court battles. Probate mediation is a highly effective solution that helps most opposing parties reach settlements.

When Can Probate Mediation Help Resolve Disputes?

Probate mediation is often effective at helping parties resolve common probate conflicts such as:

• Will contests: This is when a beneficiary disputes the will’s validity. He or she may claim the will is fraudulent, improperly executed according to the law, an outdated version, or does not reflect the wishes of the testator who made the will. In this case, a mediator may help the beneficiaries agree on how the will should be administered.
• Executor disputes: Sometimes the beneficiaries have complaints about how the executor is administering the will. They may claim he or she is mismanaging assets or breaching his or her fiduciary duty by not acting in the interest of the testator. Mediation may help the parties decide among themselves how the will should be executed going forward.
• Asset disputes: Probate disputes commonly center around asset distribution, where beneficiaries disagree about how the estate should be divided. This is more likely to happen in cases where the will is unclear or there is no will at all.

Probate often involves conflicts among family members that hold up the process. Mediation is frequently effective at diffusing or bypassing emotional tension to resolve the dispute at hand.

Contact a Los Angeles, CA Estate Planning Attorney

Probate mediation is a great tool for resolving disagreements that arise during the probate process. At the Law Office of David Schechet, we offer excellent mediation services designed to help parties reach the best possible settlement smoothly and tactfully. Schedule a free consultation with an L.A. County, CA probate mediation lawyer by calling 800-282-4731 today.