Dealing with Complex Probate Litigation?

We have seen this all too often. A parent dies and a fight over personal property, the house and money ensues amongst the children.

There always was a rivalry going on between the siblings during the parent’s life. With the mom or dad now gone, this rivalry has reached the next level and the parent is no longer here to calm the waves. The kids are fighting in court, emotions are high and there is no end in sight to resolve underlying issues – such issues that cannot be resolved in court.

Each child believes that they have been treated unfairly during the parent’s life, that the parent favored the other child over oneself. Therefore, they deserve to be treated better now, after that parent’s death, and get what they deserve. The entire family knew that “Lilly” loved that one necklace and her sister “Samantha” disliked it. Why does Samantha cry wolf that mom wanted her to have that exact necklace? Samantha actually hid the necklace for Lilly not to get it. Such an issue is not so much a matter of law, but an emotional one.

Elder mediation can help to either resolve, or even prevent, families from getting caught up in probate litigation after the death of a parent. Elder mediation is a perfect alternative to avoiding will contests and resolving estate or trust disputes. During mediation, the parties are able to talk to each other without pressure and in the presence of a neutral and impartial third person. Since mediation is a voluntary and self-determinative process, no one is forced to enter into an agreement.

The main benefits of elder mediation include providing a confidential forum to the parties, as well as preserving family relationships as much as possible. A court proceeding will most likely destroy the minimal bond there was, forever. Each party can talk freely and tell their story in a safe environment. Elder mediation is the perfect way for families to come together, talk things out and understand the other person’s perspective. An elder mediator will encourage the parties to consider all options and to address hurt feelings.

This forum offers the family an ability to develop creative and flexible solutions tailored towards their needs, which everyone involved agrees with. The biggest advantage of elder mediation is the possibility to resolve the family’s personal disputes that are not part of a court proceeding. Finally, elder mediation can provide resolutions in a shorter time with less emotional and financial burden.

Elder mediators receive a specifically tailored training to mediate matters arising from the death of a loved one. They are familiar with these matters and can assist families in such hard times. Elder mediation can also be used as a preventive tool resolving conflicts regarding guardianship, living arrangements, caregiving, medical decisions, financial planning and driving, amongst other issues. I have the necessary training and experience in both elder law and mediation to assist with mediated resolution of these difficult issues.

By Casey Gartland, Esq.