Estate Settlement Mediation
Mediation can help the family, executor, or beneficiaries figure out how to settle an estate or resolve a dispute after a loved one has passed.
In resolving issues around an estate, mediation can help resolve issues between third parties and the executor, co-executors, beneficiaries and executor, and beneficiaries.
Debt repayment
Remaining asset allocation
Specific issues to address may include:
Business operating instructions
Property distribution
Clients often inquire about the cost and duration of will contests. While exact figures are hard to predict, it's important to note that mediation typically offers a more cost-effective and time-efficient resolution compared to litigation. Moreover, mediation preserves delicate family relationships, aligning with the intent of many will drafters seeking to avoid family conflicts.
Find out if estate settlement mediation is right for you.
Contact our office today and schedule a free consultation.
Frequently asked questions about estate settlement mediation:
-
If there is no dispute between beneficiaries and no debts on the estate, many executors avoid hiring a probate lawyer. When an estate plan is created that appropriately assigns beneficiaries and allows for many assets to be transferred upon death, most assets may not be included in probate.
For assistance in filing probate in Virginia, visit Virginia Judicial System Court Self-Help: Probate in Virginia.
In West Virginia, you may visit the office of the Clerk for the County where the decedent lived. You can also find Probate resources from Legal Aid of West Virginia.
-
It depends! A person contesting a will has a substantial burden of proof. First, they need to demonstrate why the will should not be honored by the courts, generally demonstrating doubt as to whether it is indeed the person's last will and testament.
Wills in Virginia may be challenged and may be successfully contested when:
The will was not properly witnessed,
The will does not comply with the statute for Virginia,
The will was obtained by fraud,
The will was not properly executed,
The will was revoked,
The person lacked testamentary capacity, or
The person was under undue influence.
Wills in West Virginia can be challenged and may be successfully contested:
When the will was improperly signed by the testator or witnesses,
When the person lacked testamentary capacity,
When the will was revoked, including by change in marital status, or
When the person was under undue influence.
Contesting a will is a time-consuming and expensive process. Therefore, when considering this option, you should consult with a lawyer to determine whether your situation will likely be successful. In addition, consider consulting with all beneficiaries to determine if they are willing to mediate to save the time and expense of the litigation.
