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Strategies for Estate Dispute Resolution

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Strategies for Estate Dispute Resolution

Written by Charles Newland on . Posted in Probate and Estate Planning

estate attorneyDealing with the loss of a loved one is painful and disputes over the loved one’s estate can make dealing with the loss even more difficult. Disputes often arise due to unclear or non-existent wills, a family member’s disagreement with the loved one’s wishes due to mental capacity or unresolved conflict between family members.

Regardless of the reason, disputes over the loved one’s estate are emotional and often require the help of an estate attorney or other neutral third party to resolve. Despite the high emotions and personal feelings involved, most people prefer to settle their disagreement privately than making them public at a trial. Utilizing different dispute resolution strategies can help avoid further conflict and emotional pain by avoiding a costly trial.

Compromise and Consider Options

Whenever a dispute arises, both parties need to be open to compromise and hearing out the other party’s point of view. It is easy to get stuck in thinking there is only one right solution, that the other party is wrong or that there is no way to compromise.

A willingness to put personal feelings aside and fully hear the other person’s side is essential to effective dispute resolution. The other party may have a valid point or bring up new information not yet considered. Hear them out with an open mind and consider all the possibilities before dismissing their ideas.

Professional Mediation Services

Estate disputes and family arguments are emotional and it can be difficult to look at things objectively. Third party mediation services provide a neutral third party, someone without an emotional attachment to the situation, who can help with the dispute resolution process.

An effective mediator helps both sides of the dispute hear each other out in a safe, non-confrontational setting and provides advice and tips for coming to an agreeable compromise. Having someone who is able to look at the situation objectively helps both parties negotiate. Choose a mediator that has experience in estate disputes and a high success rate.

Working with an Estate Attorney

An agreeable compromise isn’t always possible, despite the best intentions of the parties involved. Working with an estate attorney who can effectively interpret the legal aspects of a loved one’s will helps resolve conflict when the loved one’s wishes aren’t immediately clear.

An effective estate attorney helps family members understand the law and offers effective negotiation to serve the best interests of their departed loved one.

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