What Mediation Can Resolve

Through mediation, spouses can settle all aspects of a divorce, including:

• Who will have custody of the children
• Whether or not child support will be paid
• Whether or not alimony will be paid
• The division of all assets and debts

Advantages of Mediation Over Court

There are certain advantages to trying to come to a resolution through mediation instead of court. Because the mediator is a neutral person with no interest in the outcome, they will offer objectivity that may help a couple that is still emotionally invested to come to a fair agreement.

Additionally, mediation is confidential. Anything that is spoken about during a meeting with a mediator cannot be presented in court should a divorce trial become necessary. In court, everything that is said is taken down by a court stenographer and can be recalled at a later time.

Mediation Steps

Mediation involves the following steps:

• The mediator explains the process to the spouses
• Identification of the issues to be resolved
• Discussion between the parties as to what each thinks is fair
• Negotiation to try to resolve the issues
• Reaching an initial agreement
• Approving a final agreement

The mediator must make sure that both parties understand what the initial agreement entails and that both are satisfied with the agreement. Then the mediator will draft the final agreement. Once the final agreement is complete it must be taken to the court for approval.

Mediation is a good alternative to a divorce trial. It allows both spouses to sit down with a neutral third party to try to come to an agreement regarding all aspects of the divorce in a confidential setting. Mediation is much more likely to be successful if both parties have mutually agreed to the divorce and there isn’t a great deal of animosity between them. If one or both spouses are angry and looking for revenge then mediation probably will not work and the divorce may have to go to trial to reach a final agreement.

This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about divorce law.

Additional Legal Pages: For more information about divorce mediation please visit WurtzelLaw.com

Probate is the process by which an estate’s property is transferred to its creditors and beneficiaries. If the deceased left a Will, and it’s determined to be valid, the assets will be distributed according to the Will. If the deceased died without a Will, the Will cannot be located or is determined to be invalid then there are probate laws that determine how the estate will be distributed.

Some areas of probate litigation include challenging the contents of a Last Will and Testament, challenging a provision in a Will or challenging the appointment of a Personal Representative of the Estate. In many of these cases, a Probate Lawyer may be required to assist with the challenges presented.

Lack of Mental Capacity

Lack of Mental Capacity or Lack of Testamentary Capacity can be claimed when there is a belief that the person making the Will did not have the ability to understand how a Will distributes their assets, who would usually be the beneficiaries of their Will or if they didn’t understand the amount of their assets. Dementia, brain injury, mental illness and certain medications can all cause a person to lack the capacity to understand their Will.

Undue Influence and Duress

An undue influence claim can help to determine if the person making the Will was coerced by someone who was taking advantage of the decedent. Some examples of relationships that can lead to a trusted person having undue influence are parent/child, doctor/patient or a priest/member of parish relationship.

Duress is when a threat is made that compels a person to do something against their better judgment. It can be a threat of physical injury, or some kind of economic or monetary threat. Duress can also be a threat of some kind of social influence, for instance, threatening to tell people something the decedent didn’t want known.

Improper Signing of a Will

In the State of Florida, a Will must be signed by the decedent and two witnesses. The two witnesses must sign the Will in the presence of the now deceased and in the presence of each other. If it is determined that the Will was not properly signed, it will be found to be invalid.

Breach of Fiduciary Duty

The person appointed by the court to serve as the Personal Representative of the Estate has many duties and responsibilities. If they are not performing their duties, they can be challenged to step down and in some cases even be responsible for any funds that have been mismanaged or wasted.

There are many instances when a Florida Probate Attorney may be necessary. Florida Probate Law can be very complicated and an attorney that specializes in probate litigation can help you to understand your rights and responsibilities.

This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about Probate Law in Florida.