24 June, 2021
The estate disputes that come after a loved one has passed can be painful and exhausting. Sometimes this kind of dispute breaks the whole family, resulting in court trials. It is for these reasons; you must mediate the estate disputes.
Many of our clients come to us with their family problems that have escalated with the estate element. We offer them the right guidance and legal support and help to resolve the dispute.
This article is a collection of the knowledge that we have built over the years. Here we have talked about the following.
- What Is An Estate Dispute?
- What Is An Estate Mediation?
- 5 Steps To The Mediation Process.
- How Can An Attorney Help You With Estate Mediation?
- FAQs
To know more about estate laws and the best practices to avoid such scenarios, you can visit our Website.
What Is An Estate Dispute?
An Estate dispute can occur when a person dies, leaving their property behind without a named heir or during the estate planning process.
In the first scenario, when the person dies without naming the rightful heir of his/her property, all the family members jump in to prove their rightful ownership over the deceased’s belongings.
In the second, an estate dispute happened while planning the distribution of the estate property. In this case, family members and all the potential heir to the property might disagree with the decedent’s choice or interpretation of the decedent’s wishes.
Here are a few common estate disputes that we see in our legal practice.
Property Distribution
The major fraction of the estate disputes is contributed with the property distribution. A typical situation arises where the heir claims that the decedent wishes to give them a particular property, but the property is given to the others in the Will.
Another situation can be considered when the family members think that the distribution of the property is unfair.
Lack Of Capacity
There are times when we receive clients that try to confirm the Testamentary capacity. Testimony capacity is the bar requirement needed to create a Will. That means A Will can only be created if the person passed the capacity test.
The capacity mainly focuses on three things:
- The person should know they are making a Will.
- The person should understand the nature of their property.
- The person should clearly state the heir of the property.
Undue Influence
This happens in rare cases, but we have seen cases where the Will has gone through modification due to a third party forcing them to do so. If there are signs of undue influence, the parties can contest the validity of the Will.
What Is An Estate Mediation?
Not all the cases go into the trial; some complete their tenure in the mediation phase. Mediation is the collaborative form of alternative disputes that takes place outside of the courtroom. It is conducted by a trained mediator to help the parties come to a mutual agreement.
Remember, the mediator does not hold any power or authority over the decision-making process; they just act as facilitators and advisors to help the parties reach a level of mutual understanding.
When an estate dispute occurs, mediation is a great way to solve the dispute. Estate disputes are more about the relationship between the family members and less about the property. So, if the communication bridge is restored, the case is solved in the mediation process.
5 Steps To The Mediation Process
If we talk about the mediation process, we can divide the whole process into five simple steps.
Step 1: Introductory Meeting
The first step towards mediation is holding a meeting where every family member is involved and feels comfortable with the matters at hand. This meeting is all about knowing each and every one. The mediators introduce themselves and talk about the role they are going to play in the mediation process.
Step 2: Statement Of The Problems
After the introductory meeting is over, the mediators will allow each member to talk about themselves and share their side of the story related to the estate dispute. While stating the problem, it is important that every other member should; remain silent. This step aims to ensure everyone gets the cache to say what they want to.
Step 3: Gathering Relevant Information
The next step is when the mediator asks for the documents in the form of a brief detailing of the facts and evidence that support their side of the story and why they are the rightful heir to the property. After receiving documents from every party, they hold individual counseling sessions where the mediator asks questions to flush out the true reason behind their disputes.
Step 4: Identifying The Problem
This step is more of a self-explanatory step. In this mediation phase, the mediator goes through the document and testimony of the parties to decide what is the right course of action to move forward with the case.
Step 5: Bargaining & Settlement
Now the final step. This is where everything is decided. Once the issues have been determined, the bargaining process starts. The bargaining process is mostly the creative steps of the mediation process that involve different types of group discussions.
Here the mediator proposed a reasonable solution and asked the parties about their thoughts. Once every member is happy with the solution, the mediation process is considered concluded.
How Can An Attorney Help You With Estate Mediation?
While the mediators are often retired judges or sometimes attorneys, there is no such requirement where they need to be experts in estate planning law. This means they might not be able to give you the right legal advice you need. This is where you will need help from an Estate Planning Attorney Atlanta.
If that is the case, the mediator’s job simply becomes to assist the estate attorney and their clients in resolving the estate disputes. With that being said, the estate attorney's role becomes critical as they become responsible for advocating their client’s best interest and legal rights.
