Planning to challenge the administration of a Florida will or trust? Consider mediation as an alternative to court.

Wondering how a law suit challenging the administration of a Florida will or trustwill play out?  In most instances theadministration of a Florida trust or estate after the death of a loved one follows the guidelines set out in the will or trust agreement.  If all goes well, the administration will go according to the decedent’s plan, everyone will be on the same page, and there will be no need to challenge the administration.

However, as any Palm Beach probate litigation attorney can tell you, there are often instances when disputes arise between heirs, beneficiaries, fiduciaries, executors, personal representatives, trustees, or creditors, which can result in time-consuming and expensive litigation.

But how can you resolve an issue with your Florida will or trust administration?

• Taking a Florida trust or estate dispute to trial may take years and can result in significant waste of estate or trust assets and considerable delay in distribution.
• One common alternative to trial, however, is Florida mediation.
• Frequently, mediation results in a workable settlement amongst the conflicting parties.
• It can also save you a significant amount of money and time so you can resolve the issue and get back to your everyday life.

What exactly is mediation?

• Mediation is available as a method of dispute resolution for Palm Beach will challenges, Pompano Beach trust disputes, and almost any probate, trust, and guardianship issue in Florida.
• It is a process where the conflicting parties agree to submit the dispute to an impartial third party, the mediator.
• The mediator’s role is to listen to each party’s position and try to resolve the dispute amicably, without the need for further litigation.
• Generally, all comments in the mediation are confidential and none of the comments from mediation are admissible at trial.

So if you would like to remove the trustee from your Miami trust, or challenge a will in Palm Beach, contact your Florida probate litigator to see if mediation is the right option for you. An important thing to remember is that, if a dispute is brought in mediation, and for some reason it goes unresolved, the parties still have the opportunity to bring the dispute to trial, or even attempt mediation again. For this reason, many plaintiffs will choose to attempt to reach a favorable outcome in Florida probate mediation first.

See http://www.pankauskilawfirm.com for videos and information on Wills in Florida, Florida Trust Law, Estate Planning, and Estate Administration in Florida.