Resolving Estate Contests Out of Court

 Posted on December 10, 2024 in Estate Planning

Estate and probate disputes can turn family members against one another and lead to a protracted and costly battle in the courtroom. At a time when emotions are already running high due to the loss of a mutual family member, a disagreement over the estate assets can cause people to behave irrationally or act with unnecessary legal aggression. Will contests can take years to litigate, frequently negating any benefit the winner ultimately receives. Families who are involved in estate litigation against each other often do not reconcile, leading to a permanent rift in the family - which is the last thing the decedent probably wanted. Estate mediation is often a much better, faster, and less expensive solution. You should be represented by an experienced Los Angeles, CA estate contests attorney when you begin mediation.

Mediation Among Family Members Has a Good Chance of Success

If prior to the estate dispute, you and the other family members involved generally had a good relationship, there is a very high chance of mediation succeeding. Even if you were not particularly close but got along at family gatherings, you may do well in mediation. The desire to keep family relationships harmonious can be a powerful motivator. There is also the fact that the decedent would probably not want to see her family members suing each other over her estate and would prefer for everyone to resolve their differences peacefully. All of this contributes to the chances of being able to reach a resolution everyone is happy with.

Litigation May Not Financially Benefit the Winner 

Unless there is a very large amount of money or high-value property at stake, the cost of estate litigation may not be worth it. Probate litigation and will contests can be expensive and may last for years. By the time all is said and done, you may spend more litigating the case than you will receive if you win. This is far less likely in mediation, which usually takes no more than several months.

How the "Worst Evidence Rule" Makes Estate Litigation Challenging 

There is a problem in estate contests known as the "worst evidence rule." The best evidence of what the decedent meant or wanted would be the decedent’s testimony. However, clarification cannot be obtained because the only person who actually knows what her estate plan meant has passed away. That leaves the "worst evidence," which normally amounts to secondhand accounts of what the decedent said in the past, which may not even be admissible.

This makes it immensely challenging for the court to decide the case and even harder for the parties to prove their cases. In mediation, there are no highly detailed rules of evidence or need for solid evidence, making it easier for the mediator to get a clear understanding of the case and help the parties reach a resolution.

Contact a Los Angeles, CA Estate Mediation Lawyer 

Law Office of David Schechet is experienced in helping family members resolve estate contests through mediation. Experienced Los Angeles County, CA estate mediation attorney David Schechet will work to help you find a resolution you are eager to agree to. Contact us at 800-282-4731 for a free consultation.