Prevent Probate Litigation With Probate Mediation in Massachusetts
The death of a loved one is bound to leave a void that can never be filled. But when a loved one’s death is followed by a dispute or litigation among the family members, the situation becomes more emotionally challenging than what most people would like to imagine.
This is where a competent probate mediation attorney can help the family find a solution to their estate-related issues.
Types of Probate Disputes Resolved through Mediation
In many cases, probate disputes center around the interpretation of one party about how their deceased parent would have wanted to divide the property. When tensions in the family rise beyond a point over unresolved probate and estate planning issues following a loved one’s death, the misdirected anger or stress may prompt a family member to file a lawsuit.
Probate mediation in Massachusetts is now increasingly viewed as a credible, speedy, and confidential way to resolve disputes in cases including:
- Dividing the estate property among the deceased’s children or heirs
- Dividing the estate property among the spouse and children from a previous marriage
- Dispute between trust fiduciaries and beneficiaries related to issues such as who must be appointed as the trustee or what investment strategy should be adopted
- Guardianship and conservatorship issues related to planning and care
Benefits of Probate Mediation in Massachusetts
In most types of probate and estate planning disputes, a probation mediation attorney in Massachusetts could help the parties arrive at an agreement and resolution that might be preferable to a court-enforced decision. The process of probate mediation also enables the family members to frankly present their differences before everyone involved and initiates the normalizing of strained relationships.
Choosing a reputable mediation attorney in Massachusetts will help in a situation where the family probate and estate planning dispute has reached an impasse. The mediator will perform the role of an independent third party who will advise all parties dispassionately.
They will explain what kind of resolution a court might provide, and suggest solutions and approaches that are beyond the scope of a probate court trial. Negotiated settlements through probate mediation are possible even when one or more parties to the dispute have already contacted trial attorneys.
Typical Estate Settlement Issues Resolved through Mediation
- Fair and equitable asset distribution
- Sale of real estate
- Disputes related to trust investment and distribution between beneficiaries and trustees
- Tax allocation that comes with asset distribution
- Succession planning for an ongoing family-controlled business
- Estate planning
- Will and Trust Contests
- Gift tax and estate tax complications
- Claims that the trustee failed in their fiduciary duties of protecting the beneficiaries’ interests impartially and diligently
When you choose an experienced probate mediation attorney in Massachusetts to settle estate and trust differences, one of the most important benefits is that it can help preserve the long-term family relationships. Strong emotional benefits are involved for all parties to the mediation, apart from the financial savings in terms of costs and time that a court battle would have involved.
Prevent Probate Litigation With Shapiro Mediation Services
Backed by extensive legal knowledge and experience, Shapiro Mediation Services works to avoid the expense, delay, and uncertainty of a trial. Our team, headed by attorney Anna Shapiro, Esq., focuses on efficiently handling the legal needs of the client. Call us at (339) 298-7733 today to schedule a free consultation with one of our mediators at our Massachusetts or South Florida office, or contact us online.