Disclaimer: Consumer legal fundings and advances are not loans under applicable financing laws. Rockpoint’s products are non-recourse, meaning if you don’t win your case, you don’t have to pay us back. Receiving financial support in connection with a legal case is typically (and oftentimes incorrectly) referred to as a “lawsuit loan” or “loan.” Therefore, for the ease of search references, these terms may be used in this context to refer to our funding products, but we maintain our separateness from consumer loan products in all legal aspects.
Probate can be an extremely taxing process for anyone, whether you’re following Arizona probate laws or statutes in another state. However, navigating probate while another relative is disputing the process can be even more overwhelming.
Disputes arise when a person disagrees with how a decedent’s estate is managed or distributed after their death. While disputes can complicate the probate process, probate mediation can help you resolve them.
What Is Probate Mediation?
Probate mediation is a process in which a neutral third party, often an attorney or another legal professional, helps the parties involved in probate resolve a conflict or dispute. It is an alternative method of conflict resolution that helps parties avoid the need for legal intervention to resolve the dispute.
Probate mediation takes place outside the courtroom. It often begins with the mediator meeting with all parties involved in the dispute and their attorneys. The mediator lays ground rules for the process and allows each side to share their point of view without interruption.
After this introductory discussion, the parties are separated into different rooms, and the mediator meets with each party to gather more information and brainstorm resolutions. The goal is for all parties to reach an agreement by the end of the mediation session. The mediator does not make decisions for them; rather, their role is to help all parties share their perspectives and develop their own resolutions.
Types of Probate Disputes That Can Benefit From Mediation
Probate disputes can be challenging to resolve because the decedent is no longer alive to clarify their wishes. However, mediation can help nearly all types of probate disputes, including disagreements over:
- The validity of the will
- The presence of fraud or undue influence when crafting or executing the will
- The development of a new will that supersedes a previous version submitted to the court
- The actions an executor should take on behalf of the estate
- The value of the estate
- Accounting and tax problems
The success of probate mediation rides on all parties’ willingness to compromise. If any party goes into the mediation process without being open to compromise, the process will likely be unsuccessful.
How Can Probate Mediation Resolve Disputes?
The alternative to probate mediation is allowing a judge to decide the estate distribution for your family. Legal dispute mediation is worth trying if you and your family would rather reach an agreement without the court’s intervention.
Allows All Parties To Share Their Perspectives Without Interruption
When heated conflicts arise during probate, you may have trouble sharing your point of view with family members without interruption. The time after a loved one’s death can be stressful and tense, and with this atmosphere already in place, having mature conversations about how to distribute their assets can be challenging.
Probate mediation gives every family member involved in the dispute time to share their perspective. The mediator keeps the discussion on track and discourages interruptions from other family members. Often, families resolve disputes just by listening to everyone’s side of the story, at which point they realize their opponent’s request wasn’t as outlandish as they originally believed.
Gives the Family Time and Space To Develop Resolutions
The period after a person’s death is often filled with administrative tasks and time-consuming processes ranging from planning the funeral to submitting documents to probate court. Finding time to sit down and resolve probate disputes can feel impossible.
Mediation gives families an opportunity to develop resolutions without feeling rushed. The mediator schedules the session to last a certain amount of time, typically at least a few hours. All parties involved in the probate dispute must make time for the session if they want their perspectives to be heard.
Rather than allowing a judge to have the final say in your family’s dispute, you and your family members retain complete control over the outcomes of the conflict. You also have more flexibility to develop creative solutions that work for your family, whereas a judge would stick to the laws surrounding the matter.
Keeps the Discussion on Track
The stress of navigating a loved one’s death combined with pre-existing family dynamics can lead resolution discussions to quickly devolve into screaming matches. One major benefit of probate mediation is that a neutral third party keeps the discussion on track and discourages insults and raised voices.
In this environment, families can focus on the facts rather than on their emotions or other conflicts that may be present at the time. Probate mediation allows for a productive discussion that keeps emotions in check.
Provides a Private and Confidential Method of Resolving Disagreements
Probate meditation also offers confidentiality benefits compared to having the court intervene in the dispute resolution process. Keeping the dispute out of court means it won’t become a matter of public record. Your family can keep your private information private and only need to discuss it with a professional mediator.
You also won’t need to endure the headache of appearing in front of a judge and attending court dates to allow the judge to resolve the dispute. The entire mediation process takes place outside of court and can stay within your family, offering a cost-effective, private alternative to court interference.
Gain Financial Peace of Mind During Probate With Rockpoint Probate Funding
If you are considering probate mediation, you are likely enduring a lengthy probate process. Do you need financial relief while you await your inheritance? Rockpoint Probate Funding offers non-recourse inheritance advances to help you access funds while you wait for the probate process to finish.
Contact us today at 888-263-8588 for a free evaluation, then learn the difference between probate vs. non-probate assets.
