How Are Estate Disputes Settled?

We all like to think that a well-planned estate and written will can prevent any and all problems with our estate when we die. Unfortunately, this is not always the case. For example, when parents die, one child may feel their sibling has received more than their allotted share of their parents’ estate, or might feel they are being cut out unfairly. Coupled with the grief of losing a loved one, these disputes can quickly turn into major headaches for both sides involved. Because they can escalate rapidly, estate disputes can lead not only to expensive legal bills for both sides to pay, but lingering animosity between family members that may never be reconciled.

So what is the best solution for estate disputes that doesn’t lead to them winding up in court? Most judges and attorneys are turning to mediation as an alternative to expensive lawsuits and other legal wrangling by one party or the other. Also called ‘Alternative Dispute Resolution’, mediation allows all involved parties to sit down together in a neutral setting and share their concerns. This venting and sharing by all parties can allow them to work together more cooperatively toward a solution that will be mutually beneficial. In mediation, neither side is seen as ‘winning’ or ‘losing’; rather, everyone is seen as being on equal footing.

A major benefit to utilizing mediation over the traditional court system is the savings of time and money. Pursuing an estate dispute through the court system can be incredibly expensive, stressful, and time-consuming. The legal system does not move hastily, so disputes can languish for months or even years, dragging out the process and causing even more acrimony between the parties. The expense involved with a long court fight also means one side or the other may wind up spending the money they were granted in their portion of the estate solely on legal fees. Mediation avoids both of these issues, allowing disputes to be resolved as quickly and cleanly as possible.

For professional estate planning services, contact our business lawyers at Gerkin & Decker today!

What Questions Should I Ask My Divorce Lawyer?

When looking for a divorce lawyer, there are several questions that you should ask to ensure that you select the right attorney for your situation. The attorney is there to guide you through the legal process, make sure that you are protected and...

Common Facts About Child Support

Child support is a court-ordered payment for money to help with costs in raising a child. It is most commonly used for housing, food, clothing, and doctor’s appointments. When divorce or separation has occurred, child support is addressed in...

What Should I Know About Planning My Estate?

For obvious reasons, a person's death is an unpleasant subject to speak about. Yet sometimes it is necessary. Take estate planning, for example. Have you ever thought about who will inherit what properties, businesses, items of yours when you do...

Common Facts About Child Support

Child support is a court-ordered payment for money to help with costs in raising a child. It is most commonly used for housing, food, clothing, and doctor’s appointments. When divorce or separation has occurred, child support is addressed in...

When Do I Need a Family Law Firm?

When most people think of hiring a family law firm, they reflect on the advice they need when going through a divorce. A family lawyer will be able to navigate you through the tangled web of property division, child custody, child support, and...

The Importance of Estate Planning

Death is a certain, fundamental part of life that people should not shy away from. Although it is difficult to discuss, it is crucial to talk about what will happen with your or a loved one's estate. Nobody likes to think that they...

How are Custody Rights Determined in Michigan?

The state of Michigan believes custody shall be granted according to “the best interest of the child.” The court often encourages couples to work out their own arrangements for custody when there is a divorce or a separation in mind,...

Who Gets the House in a Divorce?

Dividing up assets is an important part of any divorce proceeding, and the marital house is usually one of the biggest assets. Individual situations typically determine who will get to keep the house, but the following things usually come into...

When Should You Hire a Child Custody Lawyer?

Divorce and separation can be extremely stressful especially when disagreements about the children arise. The ideal situation is where both parents make compromises to ensure all decisions are in the best interest of the children. Unfortunately,...

Single? Why Estate Planning is Still Essential

Singles have unique needs when it comes to estate planning; for them, deciding how to distribute their assets is just as important as it is for those who are married. Normally, when single people die without a will, their estate will pass into the...

Can Both Parents Opt Out of Child Support?

One of the most criticized systems in the United States is the child support system. While every parent wants to be there for their child, the idea of fixed monthly payments can be a burden to many people, especially those with changing income....

What is Probate?

After the death of a loved one, it can be difficult to focus on the legal matters that have to be attended to. One of the first things that happens, however, is that the estate goes into probate. Probate is a legal term that means a judge will...

Suing Outside Workers Compensation

If you have been injured on the job, you will need to file a workers compensation insurance case to receive reimbursement for your injuries and medical expenses. However, you may also wonder if you can file a lawsuit. Here are three of the most...

Estate Planning FAQ

Is it serious to not have a will? According to statistics, roughly 55% of Americans die each year intestate (without some kind of will or trust in place). This means the laws of the state you die in will determine who receives your property by...
Trusted Legal Advocates:
"When I met with Gerkin & Decker I immediately felt a sense of relief and knew I was in the right law office. Throughout my divorce they kept me informed every step of the way. They listened, understood, and devised appropriate strategy to successfully complete my divorce and get me the results I wanted..." Read More >
810-279-0084