Facilitated Mediation Can Be Used To Resolve Will Disputes
A will dispute can make it much more difficult for your beneficiaries to receive the assets you would like to give them. But, even though will disputes are challenging, there are a number of ways to resolve them.
Going over how facilitated mediation can be used to resolve will disputes, and speaking with a Florida estate planning lawyer at Millhorn Elder Law Planning Group will help you develop an estate plan that satisfies all of your goals.
What Is A Will Dispute?
A will dispute is a situation in which someone connected to your will disputes its validity. And, in order for someone to dispute the validity of your will, they must be one of the following:
- A beneficiary and/or fiduciary named within your will.
- A person who would be entitled to inherit assets from you as per Florida’s intestacy laws.
- A previous beneficiary who is excluded from the current will but was part of the previous will.
- A guardian of a minor child who satisfies the criteria outlined above.
Just as an example, if your daughter is named in your will, they have the right to dispute the validity of your will in court. In order to do so, they must claim one of the following:
- Your will is not authentic and, in turn, was fabricated or produced as a result of fraud; among other possibilities.
- You signed the will after you were no longer mentally capable of doing so or, alternatively, no longer physically capable of doing so.
- You signed the will while believing that something not true was, in fact true; such as believing that someone alive had passed away, among other possibilities.
- Your will was influenced by someone who lied to you or made fraudulent claims; among other examples of undue influence.
Every single one of the above serves as a legal basis for a will dispute. And, if someone uses the above as a basis for a will dispute, your beneficiaries will be unable to receive their beneficiaries until the dispute is settled.
How Can Facilitated Mediation Be Used To Resolve Will Disputes?
Facilitated mediation can be used to resolve will disputes by bringing a third party into the will dispute. This third party mediator will assess the situation and help your beneficiaries come to a reasonable solution.
A good example of the above is as follows: your daughter is disputing your will and this mediator helps your daughter, and your other beneficiaries, come to a solution, while dropping the will dispute.
Working with a mediator can save a great deal of time and money, making it so much easier to prevent will disputes from going to court. They do not always do this, but they do make it easier for them to be avoided.
Speak With A Florida Estate Planning Lawyer Today
If you would like to develop an estate plan that satisfies all of your goals, you should work with a lawyer who can help you.
Speak with a Florida estate planning lawyer today to develop an estate plan that includes all of the assets you wish to give your beneficiaries.
Sources:
law.cornell.edu/wex/will_contest
law.cornell.edu/wex/mediator
