Why mediating probate disputes is an attractive alternative

✍ Scribed by Kevin J. Parker

• Publisher: Wiley (John Wiley & Sons)
• Year: 1998
• Weight: 340 KB
• Volume: 16
• Category: Article
• ISSN: 1549-4373
• DOI: 10.1002/alt.3810160604

✦ Synopsis

Early mediation should be explored as a most probate disputes. litigation uniquely suited for early mediation. Among the factors are the following: shrinks rapidly. The more active the litigation, the faster the Pie shrinks.

The result is that, at the end ofthe day, even if a challenger wins, the spoils to the A of factors probate victorious challenger may be less than what the ChalhFrwould have received under the will, so the only thing that has been accomplished is to reduce everyone's means of alternative dispute resolution in

1. MULTIPLE PARTIES= MU LTI P LE LAWYERS

Probate litigation typically involves multiple claimants to the same pot, namely the natural heirs of the deceased, and any additional devisees (for example, charitable organizations) named either in the will