Probate Law

Collaborative Resolutions for Estate and Will Disputes

When a family dispute arises over a will or other Trust & Estate issues there are good reasons to contact DRC. Our approach gives you the representation and good counsel you need while avoiding litigation and court intervention with family members using family resources. Here are four good reasons why using one of our approaches is better for you and your family.

  1. Relationships between family members are important and are ongoing, long after the dispute has been resolved.  So it’s critical that the process used to resolve it as well as the way it gets resolved is done thoughtfully.  Long, expensive, adversarial and divisive processes like litigation and arbitration are usually not good fits for maintaining healthy relationships in the family.
  2. Your family’s resources – time, money, energies, emotions and privacy – are important.  Efficient processes like Collaborative Law, Mediation and Case Evaluation respect those resources and are less expensive, faster, confidential, and have the ability to develop options for resolution that are tailored to your specific family’s needs and interests.
  3. One main purpose for estate planning or business succession planning is to keep control of the decision making in your hands, rather than turn it over to a third party like a judge, jury or arbitrator.  That same interest and goal – what we refer to as the “sovereignty of the client” – is served well by our approaches to disputes because we keep the decision-making, as to how to best resolve the dispute, in your hands.  We believe that with some guidance and focused representation from us, you are in the best position to determine how your dispute should get resolved.
  4. When you think about the following issues, you can see how important it is to use a dispute resolution process that is designed to take care of the family’s resources and relationships and keep the decision-making in the family’s hands:
  • Will and estate contests
  • General probate administration issues
  • Trust and estate administration matters
  • Guardianships
  • Conservatorships
  • Sibling disputes
  • Reformation of estate planning documents
  • Elder law/Medicaid law
  • Elder care long-term care planning issues