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Settling an estate dispute through mediation in Delaware

On Behalf of | Feb 14, 2022 | Estates and Trusts Mediation

When someone dies in Delaware, an executor distributes their estate among their heirs according to the will. However, sometimes disputes arise about the validity of the will or how the estate should be divided. When this happens, you can either go to court or choose a better option for settling estate disputes: mediation. Keep reading to learn more about resolving estate disputes using this method.

Solving estate disputes through mediation

If you have a disagreement with other beneficiaries or an executor, you can find a neutral party to assist and guide you towards your own resolutions. Most disagreements arise because of poor communication, which sometimes doesn’t require costly and time-consuming litigation. Besides, trust and estate ADR is endorsed by the state government.

The mediator will help both parties come to an agreement by presenting options and listening carefully as each side describes their reason for dissatisfaction. With that information, they will help them find common ground on which everyone involved can agree without feeling like they’ve lost something important.

The mediator will then draft up a settlement agreement that’s binding and enforceable in court. However, litigation may be your only option if you cannot reach an agreement through mediation.

Different types of estate disputes that can be mediated

  1. Validity of a will: This type of dispute can arise when someone believes that the will was fraudulent or not executed properly.
  2. Asset distribution disagreements among heirs: This type of dispute often arises when there is more than one heir to an estate, and they cannot agree on how to divide up the assets.
  3. Custodial or guardianship disputes: This often arises when there are multiple potential guardians for the children, and they cannot agree on who should take custody.

Advantages of using mediation to solve disputes

  • It is a more cost-effective option
  • It is less time-consuming
  • It is more confidential than going to court
  • It is an efficient method to reduce conflict between two parties

Many people in Delaware are using alternative dispute resolution methods to solve their disagreements. And, they appear to be rather beneficial than ending up in court. If you have a dispute with other heirs or the executor, consider putting the idea of mediation on the table as a way of resolving it.