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Mediating disagreements about what to do with property

On Behalf of | Feb 23, 2019 | Probate

Siblings may have been raised in the same family, but they rarely have the same financial issues when inheriting money unless there is a trust that manages the estate. The more common scenario is for brothers and sisters to inherent the family home and/or other properties and they disagree on what to do with these assets that everyone has equal interest.

Reasons for the disagreement can include:

  • One or some have no interest in selling
  • One or some want to use the house or condo as rental property
  • One side wants the other side to buy them out
  • One side feels that they are entitled to the property, perhaps because they cared for sick or dying parent while living there
  • Disagreements over the roles of different siblings
  • Disagreements over the wishes of the parents

Mediation can solve these intrafamily disputes

Unlike litigation where each party hires a lawyer and fights it out in court, essentially destroying family harmony in the process, mediation using a lawyer outside of court is often a less expensive and lower impact alternative to resolving these and other kinds of disputes involving family. Mediation also enables the family to keep its business private, rather than litigation’s matter of public record. Whereas litigation would typically involve the ruling to keep or sell property, mediation facilitated by attorneys can provide more flexible alternatives devised by the parties themselves.

Guidance during and after probate

Attorneys can guide families through the probate process where the estate is passed on to the children. However, they can also help mediate issues as they arise during this process, thus avoiding the unnecessary expense of court. It may also provide the comfort of knowing that the family was not torn apart during the difficult time after the loss of a loved one.