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Did You Know You Can Now Use the Collaborative Process in Probate Disputes?

In Florida, the Collaborative Process became law in 2017. Participants have been using the process since then in the Marital and Family Law area to resolve cases in a more amicable, less stressful, less contentious, and more economical way. The process is now available for Probate disputes. 

A New Approach to Probate Cases

Cady L. Huss, Spivey & Huss, P. A., from Sarasota, Florida wrote an interesting article titled “Collaborative Law in Probate and Trust Disputes: An Alternative Approach.” In it, she points out the benefits of the Collaborative Process to Probate attorneys and their clients. The author states that many probate cases involve disputes among family members and often, relationships are strained or destroyed through litigation. 

The Collaborative Process allows attorneys and clients to operate in a less stressful environment. This is because the Collaborative Process happens outside the courtroom. As with the Domestic Collaborative Process, the Probate Collaborative Process occurs with collaborative attorneys and professionals. The resolutions are developed by the clients with the help of their attorneys. 

How the Collaborative Process Works

The parties still operate within the Probate Code. However, as Huss points out in the article, this can be done without cumbersome discovery, motion practice, or congested court calendars. With the Collaborative Process, the parties have more control over the outcome; and the parties can create a resolution on their terms and timeline. The collaborative attorneys are focused on problem solving rather than contentious litigation. Thereby, the fees and costs to the client should be lower than in contentious litigation. 

Determining if the Collaborative Process Fits

Huss points out that there are a few considerations for estate attorneys need to take to assess whether the collaborative process is a good fit for a particular fact pattern. The author points out that the most obvious is the number of persons involved in the estate. This differs from a Marital and Family Law case wherein there are two spouses. 

In a Probate case, there may be several interested persons involved. The author also points out that in the Probate Collaborative Process, it’s important to consider the timelines associated with an estate’s administration and the involvement of a personal representative and their counsel. 

The author points out that one of the major benefits of the Collaborative Process is that the parties can address the needs of a particular dispute within the Collaborative Law Participation Agreement. The author states that the parties can agree to joint filings, deadlines to provide information, and the tolling of the timeframes within the agreement. 

If you have more questions regarding the Collaborative Process in an Estate Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. 

This article is for informational purposes only and does not form an attorney client privilege.