Many clients come into a probate dispute with one of two goals: they either want to get the situation over with, or they want to get what they believe is fair. When a probate dispute involves family, money, property, and the wishes of someone who has passed away, questions about fairness can quickly become the heart of the disagreement. The challenge is figuring out what “fair” actually looks like when everyone involved sees the situation differently.
Probate Disputes Aren't Always Black and White
In many probate disputes, there isn't one person who did everything right and another who did everything wrong. It's also important to remember that most people don't deal with probate on a regular basis. Settling a parent's estate may very well be someone's first experience with the process. Perhaps they did something they didn't realize they shouldn't have done or made a decision without fully understanding the consequences.
That doesn't necessarily mean they acted with bad intentions. But it does mean that attorneys need to sort through what happened to find a resolution. The goal may not be an outcome that every person considers perfectly fair. Sometimes, the more realistic goal is finding a solution that everyone can agree is fair enough.
What Happens When Someone Really Did Something Wrong?
Of course, some probate disputes involve more serious problems. A metro Atlanta attorney can represent someone who made a significant mistake or bears more responsibility for the conflict than other family members. The attorney's role is still to represent that client and advocate for their interests. At the same time, the approach to resolving the dispute can become more conciliatory.
You can't make something that already happened go away. Instead, the focus needs to shift toward figuring out the best way forward and what can be done to move the family toward a workable resolution. This includes acknowledging where things went wrong while still making sure our client's interests are represented throughout the probate process.
Who Gets to Decide What's Fair?
One of the biggest decisions families face during a probate dispute is whether they can reach a resolution themselves or need a judge to make that decision for them. Our clients often wonder what a judge will think about their situation, but unless a dispute reaches a hearing or trial, the parties and their attorneys generally have an opportunity to work toward a resolution on their own.
A lot of Georgia probate courts will encourage parties to go to mediation. This can be particularly important because it gives the people involved a chance to retain some control over the outcome. One way we describe mediation to clients is as their “last chance to control the landing.” If the parties can reach an agreement, then they have a say in what that agreement looks like. If they can't, the dispute will likely go to court, where someone else will decide the outcome.
What Could “Fair Enough” Look Like?
Consider two siblings settling their mother's estate. One was named executor and handled the estate after her death. The other begins questioning some of the decisions that were made, including expenses paid from the estate and how certain personal property was distributed. They feel shorted, while the executor believes they acted reasonably and did their best in a difficult situation.
At mediation, the siblings have an opportunity to negotiate a solution. The executor might agree to reimburse the estate for a disputed expense, while the other sibling compromises on the value of certain property. Neither gets everything they wanted, but they reach an outcome they can both live with.
If they can't agree, they can ask a judge to decide. That is sometimes necessary, but it also means giving up control. The judge will make a decision based on the law and evidence, which may not match either sibling's idea of what's fair.
Finding a Resolution You Can Live With
Probate disputes rarely look like the dramatic courtroom battles you see on TV. In reality, a lot of the process involves attorneys working with their clients, communicating with opposing counsel, negotiating, and determining where there is room for agreement.
At CPMT, we help our clients handle probate and estate disputes with a focus on understanding the circumstances, protecting your interests, and working toward a resolution that you can live with. If you're facing a probate dispute in Georgia, contact our team to learn more about your options.