Litigation vs. Mediation in Probate Disputes

Settling the affairs of a deceased loved one and transferring their assets to heirs and estate beneficiaries involves several complicated procedures. Probate disputes can arise when the heirs and beneficiaries interpret the deceased person’s estate plan. According to a 2018 survey by EstateExec, an online software provider, more than 44% of respondents experienced or said they were aware of family conflict during the probate process. When probate disputes arise, litigation and mediation of probate disputes are options to resolve conflicts during the probate process.

Common Probate Disputes

A probate dispute occurs when family members, heirs, beneficiaries, or other relatives disagree about how the estate of a deceased person is being administered. Common probate disputes include:

• The named executor is unwilling to act
• Disputes as to the value of the estate
• Challenging the validity of the Will
• Whether a new Will is enforceable and supersedes an older Will
• Allegations of executor misconduct
• Accounting and tax irregularities
• Allegations of fraud or undue influence

An experienced probate attorney can evaluate your family’s situation, help you understand your options, and work to resolve your family’s probate dispute.

Probate Court Mediation

Probate court mediation is one option that can be used to resolve a probate dispute amicably and confidentially. During probate court mediation, all involved parties will come together to discuss a possible resolution. A neutral third party will oversee the probate court mediation, discuss the dispute individually with each party, and help facilitate a negotiated compromise.

Benefits of Probate Mediation

Probate court mediation is a faster, simpler, and less expensive option than litigation. Probate court mediation is a flexible process that allows all involved parties to participate in crafting a solution. Probate court mediation is confidential and allows the family to keep the probate dispute private.

If probate court mediation is successful, the parties will agree to the resolution, and the outcome will be enforced once the probate court approves it. If the probate court mediation fails, the case will be returned to court, and the case will proceed as if the mediation did not occur.

Drawbacks of Probate Mediation

Parties cannot be compelled to participate in probate court mediation. There are no formal rules to probate court mediation, and either party can withdraw at any time. The probate mediator does not have the authority to decide the issues. Instead, the parties to the probate court mediation must all reach an agreement.

Probate Litigation

If a probate dispute cannot be resolved through mediation, litigation may be the only option. In probate litigation, one party files a complaint alleging wrongdoing. The defendant will answer the allegation. Then each party will investigate the allegations, obtain evidence, and question witnesses and other parties. In most probate court disputes, one or both parties file a dispositive motion asking the court to resolve or dismiss specific elements of the case. If the probate court dispute is not resolved by agreement or by a ruling on the dispositive motions, the court will hold a trial to resolve the issues.

Benefits of Probate Litigation

Probate court litigation is a public process that becomes part of the public record. The court can order a party to participate, there are clear rules that regulate the probate court litigation process, and any party can appeal the court’s decision.

Drawbacks of Probate Litigation

Probate court litigation is public record, meaning anyone can access and learn about your family’s probate dispute. Litigation can be time-consuming and expensive and can cause irreparable damage to relationships between family members.

Contact the Vander Laan Law Firm, LLC, for Help with Nevada Probate

If your family needs assistance navigating the probate process, an experienced probate attorney can help. Nevada probate attorney Natalia Vander Laan can answer your questions, help your family explore your options, and work to bring your family’s probate matter to a successful resolution.

To learn more, contact the Vander Laan Law Firm, LLC, to schedule a confidential consultation to discuss your situation and how Attorney Vander Laan can help.