The death of a loved one can be stressful for all of the survivors. Unfortunately, one of the biggest causes of that anxiety is the adjudication of the terms of the will. While proper estate planning can alleviate some of the stress, probate administration isn’t always easy as emotions and tensions can run high. Here are a few available methods that can help resolve disputes over a will.

How to Resolve Disputes Over a Will

1. Court

Going to probate court becomes necessary whenever you either need to make a claim on the deceased’s assets or prove that you are a legal beneficiary. Even if the deceased performed estate planning, a court might have to get involved if a will is deemed invalid due to mistakes, fraudulent execution, mental incompetence, or undue influence. If there are debtors to be paid outside of what’s been specified in the will, a probate court will also need to get involved.

2. Mediation

A trained mediator, usually an attorney, has experience with estate planning and probate administration and can work with parties in a dispute to find an equitable solution—without going to court. All sides get the chance to explain their situation in a nonadversarial setting, and because resolutions usually involve give and take, no one comes away from the process feeling like a winner or loser. Mediation works best on smaller estates and is often preferable because of its speedy resolutions—compared to waiting months to get onto a clogged court docket.

3. Prevention

This method requires wise estate planning by the maker of the will before their death. This means not waiting until the last minute to prepare the will but making it an ongoing process with an experienced probate attorney who can anticipate potential issues and help their clients resolve them to the fullest extent possible.

If you need help with estate planning or probate administration, trust The Law Offices of Katzman, Logan, Halper and Bennett, LPA to handle your situation. The attorneys at this Cincinnati, OH-based law office have more than four decades of experience addressing a wide range of legal issues, including wills and trusts and personal injury claims. Call (513) 793-4400 to schedule an initial consultation, or visit their website to learn more about their practice areas.