Estate Disputes: Managing Loss

As we mature, all of us eventually come to know that loss from the death of a loved one is inevitable. While we can know that death is truly one of the difficult “facts of life,” managing this loss can be a complicated experience. This complexity frequently occurs in dealing with the “business” of death: the winding up of the decedent’s affairs and the distribution of the decedent’s property.

A person who dies without a will or trust and may be classified as intestate. In such situations, the law sets out a plan for the distribution of the decedent’s property. And even in situations where a person does prepare documents that articulate specific wishes about the distribution of his or her property, there may be questions about the validity or clarity of the documents, the appointment of the personal representative (also referred to as the executor), or the value of the decedent’s property.

Aside from these particular concerns, it is not uncommon following the death of a loved one to see a triggering of many emotions, including the revival of old grievances, resentments, and rivalries. There may be differences among family members on the actual disposition of the decedent’s remains. Surprises may also be uncovered such as the discovery of children of the decedent who were previously unknown to members of the family.

With this in mind, courts have begun to refer parties in estate disputes to mediation. The mediation process can be especially effective in helping the parties deal with grief, while at the same time, helping the parties focus attention on the orderly management of the decedent’s affairs. Mediation in estate and trust litigation may also provide a way for the parties to creatively resolve all of their differences. In contrast, a judge may order only the most limited form relief available under the law. To reduce the time and expense associated with a resolution of an estate dispute, many survivors have found it to be efficient to consider the mediation option before filing a lawsuit.