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Oftentimes, you need the cooperation of the parties if you want to avoid that fight or you can forego your rights. So you have a beneficiary that is entitled to an estate what happens is there’s been changes to the estate plan that cuts out an individual and the individual realizes that although they should have been the beneficiary they don’t to contest it because they don’t want to pursue their claims in a public forum.
And unfortunately, oftentimes that’s the choice and individuals forfeit their claims. And if they don’t bring the claims timely, oftentimes it’s as soon as 120 days after death and the notice, they may forfeit the claims for good. So I will get phone calls from people that 10 years ago they knew about this estate claim and they didn’t do anything. Situations have changed now and all of a sudden, they want to bring it and it’s too late.
Now if you have all the parties agree to resolving the matters outside the public forum you can either do a mediation or an arbitration and have the matter decided by a judge in a private setting. And oftentimes that’s preferential for the parties.
Los Angeles, CA estate & trust lawyer David A. Shapiro talks about how you can resolve an estate dispute without dragging a loved one’s estate through the courts.