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Mediation and Probate

Resolving a Dispute Out of Court

These questions address mediation in probate law.

These questions address mediation in probate law.
 

Can disputes about wills go into mediation?

Yes, disputes about wills can go to mediation. 

For example, someone's partner may die, and leave something left to the survivor in a will. But, the children of the deceased could challenge the gift. That scenario could go to mediation.

Issues regarding wills and estates are generally settled in probate court. However, an alternative option to probate court is mediation.  This is an option if you believe the other party is willing to negotiate or, it can be something the judge may order if they believe negotiation is possible.

How does mediation work in a probate case?

During a mediation, the mediator will talk to both sides to bring about an agreement that each party will agree with. There is a chance that this will not occur, and the proceeding will then take place in probate court.