✩ Mediation: Nipping Estate Disputes in the Bud
Posted: October 30th, 2004 by Adam R. GaslowitzOriginally published by the American Bar Association
What single event can do more damage to family harmony than a nasty divorce dispute? The answer: A will contest or other estate dispute. The worst legal, emotional and often financial nightmares begin when someone in a family contests a will — that is, they seek the court system’s intervention to modify or set aside a loved one’s will. What they do not see going on is the emotional carnage that invariably results if litigation is pursued. Estate disputes can last for years, and have been known to drag on for decades, sometimes not concluding until well after the heirs themselves are deceased.Who wins in these cases? Usually, no one but the lawyers.Is there a better alternative? While a lawsuit over a loved one’s estate may be unavoidable, there are often better ways to resolve the dispute than turning the matter into years of protracted litigation. Mediation is one such alternative. It is an opportunity to get the disputing parties together either before taking the matter to court or soon after litigation is begun but before one side throws down the gauntlet, thereby saving money, time and emotional battle scars that may never heal.There are some early warning signs that can help you identify whether a deceased relative’s estate is going to be difficult to administer. (more…)
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