When a loved one passes, it is never an easy time. But, when disputes arise, it makes that time even worse because fights between loved ones ensue in probate court. Florida probate disputes are common and can arise for assorted reasons.
Common reasons for probate disputes
The validity of the will or trust is challenged by someone who believes they were unfairly excluded or treated is a common probate issue. The executor or trustee is accused of mismanaging the estate, breaching their fiduciary duty or acting in bad faith is another. And, the heirs or beneficiaries disagree on how the estate should be divided or distributed is yet another reason for probate disputes as is the creditors of the deceased claim that they are owed money from the estate.
Probate disputes can be costly, time-consuming, and emotionally draining for everyone involved. Therefore, it is advisable to try to resolve them as quickly and amicably as possible.
How to resolve them
Mediation and arbitration are alternative dispute resolution methods that can help you avoid litigation and reach a mutually acceptable agreement. Mediation involves a neutral third-party mediator who facilitates communication and helps the parties find common ground. Arbitration is another option. In this option, a third-party arbitrator hears the case, like a judge, and makes a binding decision.
Sometimes, it may be better to compromise or settle than to fight over every issue. You may be able to save time, money, and stress by agreeing to accept less than what you originally wanted or by giving up something in exchange for something else.