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Ways to settle an estate dispute out of court

On Behalf of | Nov 29, 2021 | Estate planning

Estate mediation in Delaware is a better solution than court for some estate owners. Property disputes can occur during or after the life of an estate owner. What many people learn when dealing with disputes is how flexible estate plans, wills and trusts really are. Claims made against these estate tools are processed in court or brought to an end through an outside settlement.

Avoiding probate

Regardless of the nature of a dispute, it’s in the best interest of everyone involved to avoid a probate trial. In probate, the assets of an estate are made public. Assets that are made public leave estates exposed to public disputes. Without a private resolution, a judge has to make a final decision that could work against everyone involved.

Assess the will

It is imperative that the right will be used, for an updated version can get lost among older copies that are no longer valid. Estate and trust mediation often use the wishes of a will to develop reasonable terms for a settlement. However, understanding the will as it was written might take reading it multiple times. It’s important to look for where anyone has misinterpreted the will.

Work for a simple agreement

In estate and trust mediation, it’s best that all parties seek simple outcomes. Some cases are settled due to property requests being small or subtle. On the other hand, any bold claims must be judged against a will. It’s difficult to make claims against an estate when others will inherit it.

Estate and trust mediation in Delaware

Disputes that arise due to estate assets or inheritances don’t have to be solved costly in a courtroom. Mediation is a legal option that heirs and parties of interest have when they seek to agree before tearing an estate apart.