Mediation Services
Estate & Probate Mediation
Disputes over estates, trusts, and inheritances can fracture families and drain assets. Mediation offers a private path to resolution that preserves relationships and reduces costs.
Estate and probate disputes arise in many forms: challenges to a will or trust, disagreements among beneficiaries, disputes between a trustee and beneficiaries, contested accountings, and conflicts over the administration of an estate. These disputes can be resolved through litigation — but litigation is expensive, time-consuming, and public. Mediation offers an alternative that keeps the dispute private and gives the parties control over the outcome.
Types of Estate and Probate Disputes
Estate and probate mediation can address a wide range of disputes: will contests, trust contests, disputes over the validity of amendments or restatements, disagreements about trustee conduct or accounting, conflicts between co-trustees, disputes over the valuation or distribution of assets, and disagreements among beneficiaries about how an estate or trust should be administered.
Why Mediation Is Particularly Valuable in Estate Disputes
Estate disputes often involve family members who will have ongoing relationships long after the dispute is resolved. Litigation tends to harden positions and damage relationships. Mediation, by contrast, creates a setting where parties can speak candidly, understand each other's perspectives, and reach agreements that address the underlying concerns — not just the legal claims. A mediated resolution can preserve family relationships that litigation would destroy.
The Mediator's Role in Estate Disputes
In estate and probate mediation, the mediator helps the parties identify the issues in dispute, understand each other's interests and concerns, and explore options for resolution. The mediator does not decide who is right or wrong and does not provide legal advice to any party. The mediator's role is to facilitate a productive conversation and help the parties reach their own agreement.
Trustee and Beneficiary Disputes
One of the most common sources of estate litigation is conflict between a trustee and one or more beneficiaries. Beneficiaries may question the trustee's investment decisions, distributions, accounting, or compliance with the trust's terms. Trustees may face competing demands from multiple beneficiaries. Mediation can provide a structured forum for addressing these disputes before they escalate into formal litigation.
Confidentiality and Privacy
Probate court proceedings are generally public. Mediation is private. For families who prefer to keep their financial affairs and family disputes out of the public record, mediation offers a significant advantage over litigation. The confidentiality of the mediation process also encourages candid discussion and allows parties to explore settlement options without concern that their statements will be used against them.
Mediation Before or During Litigation
Mediation can occur before formal litigation is filed, during pending litigation, or at any point in the dispute. Many courts encourage or require mediation before trial. Even when litigation has already begun, mediation can provide an opportunity to resolve the dispute without the expense and uncertainty of a trial.
Facing an Estate or Probate Dispute?
Wagley Law provides estate and probate mediation services throughout the San Francisco Bay Area. Contact us to discuss how mediation might help resolve your dispute.
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