cma

Mediating Estate and Probate Matters

Some of the most challenging and rewarding disputes to be mediated are those between family members over family property, estates, trusts and businesses.

Family disputes over property are matters of the heart and the law. They present challenges for how emotions and family dynamics are to be weighed against and balanced with legal rights and obligations. Brothers and sisters may fight over estate property, but they are really sorting out old issues of sibling rivalry and dominance. The desire to resolve the conflict and preserve the family relationship is deeply embedded.

Mediation is a proven way to avoid the long-term adverse consequences of litigating family property, inheritance, and trust disputes.

What kinds of probate disputes can be mediated?

  • Conflict over the disposition of the decedent's estate
  • Grief associated with death of loved one may create tensions
  • Death may cause dormant family disputes to resurface
  • Dispute over property may in fact be a dispute over family relationships
  • Different views of a fair distribution of a decedent’s property
  • Disagreements where a beneficiary believes she should receive more because of care given to an older or incapacitated parent
  • Dispute between children of one marriage and the surviving spouse of a later marriage
  • Conservatorship and guardianship proceedings
  • Disputes between a health care facility and family members
  • Disputes between beneficiaries of trust or estate and a fiduciary
  • Disputes over who should act as the fiduciary
  • Beneficiaries concerned over investment decisions or property management issues
cma