What is Probate Mediation?
Probate mediation involves family members disputing over property. Many of the property issues and emotional issues found in probate disputes are very much like those found in divorce cases. The fight over property can cause a long lasting fracture between relatives. Litigation is expensive, time consuming and stressful. Mediation is a much better solution than probate litigation and can perhaps starting mending relationships between family members.
When a dad leaves all of his property equally to his three adult children including house contents, a fishing cabin or ranch, the children might fight over who gets what contents and whether or not family ranch should be sold or retained. When dividing family property, challenges can exist when: (1) It cannot be easily divided; (2) It has uncertain market value; (3) It is unique; (4) It holds sentimental value to one child and not for the others; (5) Some the children can afford to keep and maintain it and others cannot; (6) Some of the children live close enough to use it and others do not.
There can be deep emotional attachment to the property. Keeping the property can be a way to “honor our dad.” Another child may need to sell his share because of a need for income. Mediation can deal with these potentially destructive emotions and different economic needs better than litigation, in less time and for less money.
Mike will listen carefully and patiently, remain neutral and employ interest-based negotiation skills to help parties resolve probate disputes. Mike understands that the relationship/emotional issues are critically connected to the substantive property issues.