Settling the affairs of someone who passes away is not always easy, especially if that persons died while owing creditors. Depending on the nature of the debt, these creditors may pursue surviving family members for the balance, and if the family is not careful, creditors may convince them to pay debts they do not legally owe.
Paying a deceased person’s debts
Claims of undue influence can lead to trust litigation
When a person in California dies, their loved ones will grieve. However, this grief is only amplified if the person's survivors disagree with the contents of the person's trust. Sometimes, these disagreements are small enough that the parties involved can resolve them on their own. But, these disagreements are so big that they lead to trust litigation. This may be especially true if one party believes the deceased was unduly influenced when he or she executed or modified the trust.
What are some benefits of mediation?
Grieving the loss of a loved one can be an emotional time. Whether the death was sudden, such as in a car crash or whether the death came after a long illness or old age, losing a loved one is never easy. The situation can become even more emotionally charged when a family member wants to challenge the deceased's will or trust. This can drive a wedge between family members during a time when they should be able to lean on one another for support. Therefore, instead of pitting one family member against another in court, some families choose to first pursue alternative dispute resolution processes, such as mediation.
