How To Solve Inheritance Disputes with Binding Arbitration
Parties have begun using binding arbitration in other contexts, including to solve inheritance disputes, as it is often associated with contracts and consumer disputes.Some states have laws that address the legality of clauses in wills that require disputes to be resolved through binding arbitration.You have to argue your case at the hearing in order to solve inheritance disputes with binding arbitration.All parties can't appeal the decision of the arbitrator, which is final and binding.
Step 1: Refer to the will
It is possible for the will to designate the provider to be used for specific procedures.Specific issues or disputes that must be resolved using arbitration may be described by the provision.Some states have questionable legal authority over provisions in wills.If you intend to follow the provision, be aware that the other party to the dispute may object or refuse to submit to arbitration.Both parties agree to be bound by the terms of the contract.Wills are only signed by the person who died.There are questions about whether a clause in the will can bind people.Legislation has been enacted in some states to address this issue.In 2007, a state law was passed in Florida stating that will provisions are binding.
Step 2: The appropriate parties should be notified.
If you intend to resolve a dispute through binding arbitration, the will may require you to notify other parties, including the personal representative of the estate and any major beneficiaries.Specific notice procedures must be followed by the provider if the will's arbitration clause identifies them.It is more difficult to get the other party to submit to binding arbitration without a binding clause.Because the binding nature of the proceeding means there can be no appeal from someone not involved with the estate, the other party may be unwilling to run the risk that the arbitrator will rule in your favor.If you want to submit your inheritance dispute to binding arbitration, your best option is to contact the personal representative of the estate and let them know.It may be easier to convince the party with whom you have the dispute if you can get the executor to agree with you.
Step 3: Choose from a list of providers.
You must use the provider specified in the will.If the will doesn't designate a specific provider, you'll have to choose between one and the other.The American Arbitration Association is one of three large agencies.If the clause specifies a provider, it will be one of these three.Most of the larger cities have offices for these groups.If the dispute is taking place in a rural area, you may need to travel to participate in the hearing.If there isn't a designated agency, you can look on the website of your state or local bar association or ask the clerk of the court.
Step 4: You can submit a demand.
If you want to initiate an arbitration proceeding, you need to submit a demand to your chosen provider.It is similar to a complaint in that it will outline the dispute and your argument against the other party.Attaching a copy of the will to your demand is the most common way to do so.If you're using a large agency, they will usually have a form for you to fill out to make a demand.The form requires you to provide information about yourself and the party with whom you have a dispute, as well as summarize the dispute and your allegations against the other person.You will explain how you expect the issue to be solved.The initial filing fee is usually several thousand dollars.The fees may be less if you are using an independent arbitrator.
Step 5: Consider hiring an attorney.
If you're not comfortable speaking in public or are concerned about your ability to understand the rules and procedures, you may want to have an attorney represent you.Even though you're not resolving the dispute in court, inheritance disputes can become complex.You should take your emotional strength into account.It might be easier to deal with the loss of a loved one if you have an attorney on your side.If you decide to hire an attorney, look for someone with experience in representing clients in inheritance disputes.
Step 6: Receive a reply from the other party.
The party with whom you have an inheritance dispute must get a copy of your document and give a written response within a set period of time.Some large agencies will deliver the demand for arbitration to the other party for you, while others require you to send the document yourself using standard legal service procedures such as mailing it using certified mail with returned receipt requested.The other party has to file an answer as well as a signed agreement that they will submit the dispute to arbitration and be bound by the decision of the arbitrator.Their answer will include any defenses or arguments against the allegations you have made against them, as well as any counterclaims they have against you.
Step 7: Pick a neutral arbiter.
After the response from the other party is received, the provider will usually work with both parties to choose a neutral arbiter from their list of members.Each party will be contacted by the agency to discuss their preferred criteria for an arbitrator.Specific industries or areas of the law are where Arbitrators have specialized knowledge.Someone with a lot of knowledge and experience regarding wills and inheritance disputes is a must.It's important that the arbitrator isn't anyone who knows you, the other party, or the person whose will is at issue.All parties can be reassured that the arbitrator is neutral.If the deceased person and their estate are well known, it may be difficult to find a neutral arbiter in your area.
Step 8: Attend the meeting.
The procedural and evidentiary rules for the hearing will be explained to both parties during a meeting held by the arbitrator.Rules and procedures that are used in all arbitrations conducted through a large agency are usually set by that agency.The schedule will include deadlines for the exchange of information and any other hearings before the final hearing.You can ask the arbitrator questions about the proceedings and get a better idea of what will happen at the hearing.
Step 9: Information should be exchanged with the other party.
The process that the arbitrator will moderate is similar to the court discovery process.The purpose is to make sure that both parties have the information they need to support their arguments.It's unlikely that you'll have much of the evidence you need to prove that the other party tricked the deceased person into changing their will.In the event that the other party doesn't give you what you need, the arbitrator can facilitate the exchange of information.In the fraudulent inducement example, you may want the names and contact information for the deceased person's doctors so you can talk to them about their mental state when the will was executed.The discovery process in a civil trial is more formal than the procedure, but that doesn't mean anything goes.Both parties will have to follow the rules and deadlines set by the arbitrator.If you want to call witnesses to testify at the hearing, you have the power to issue subpoenas.
Step 10: Go to the location for the hearing.
You can have your hearing in the offices of the provider or in a conference room.You can get settled before the hearing starts if you arrive 15 to 20 minutes early.There are often hearings in local courthouses.If this is the case, you should be able to go through courthouse security to get to the room where you are going to argue.Although it's a bit more relaxed than a traditional trial, you still need to present yourself nicely and professionally.Business dress is appropriate, but if you don't have a suit, wear clothes that you might wear to a job interview.Your clothes should be clean and conservative.You should take notes on the dispute and any evidence you want to present.
Step 11: Make your opening statement.
A court case begins with each party making an opening statement to the court which summarizes the dispute, their arguments, and what they want out of it.The opening statement will be delivered by an attorney if they represent you.Speak from your notes in a clear, distinct voice, if you're delivering your opening statement yourself.Don't address your statement to the other party or anyone else in the room.Don't insult the other party or make emotional statements in the dispute, and stick to the facts.The arbitrator is usually an attorney or retired judge who has heard a lot of sad stories.You won't get very far if you appeal to emotion.
Step 12: Give your evidence and testimony.
Since you filed the initial demand, you will be the first to introduce evidence and call witnesses to support your side of the inheritance dispute.Make sure you read the rules of evidence thoroughly and understand how they apply to the items you want to introduce if you're handling it on your own.Certain types of evidence, such as hearsay, won't be allowed, despite the fact that rules are simpler and more relaxed in an arbitration than they would be in court.If you or a witness wanted to introduce something someone else said at a previous time to prove a point in your case, that information wouldn't be allowed as hearsay.Any documents you want to introduce, such as medical records to prove the deceased person's mental state at the time the will was executed, must be verified in some way.You should keep in mind that witnesses may be cross-examined by the other side.Unlike in a court trial, cross-examination may be limited to specific issues.
Step 13: You can listen to the other side.
The other party can introduce evidence or call witnesses to testify in their defense after you've finished.You don't have the chance to counter the arguments of the other side in a court hearing.You have the same right to cross-examine witnesses if they call you.If there are any points brought up that you want to mention in your closing statement, take notes and pay attention to the other side's arguments.If the other party says something you find offensive, maintain your composure.It is advisable to avoid lashing out in inheritance disputes.
Step 14: Your closing statement should be made.
Just like a court case, after both sides have presented their evidence, you each will have an opportunity to explain how you think the arbitrator should rule in your favor.If the other party made any points in their presentation that you want to refute, now is the time to do so.You should use your closing argument to show that you are in the right and that the arbitrator should rule in your favor.You are not making a legal argument.The role of the arbitrator is to arrive at a decision that is fair and just for the parties even if it stretches or bends common legal principles.
Step 15: Receive the decision from the arbitrator.
The evidence, testimony, and arguments of both parties will be reviewed by the arbitrator and he will decide who should prevail in your inheritance dispute.You or the other party may be asked to provide additional information before the decision is made.The submissions must be submitted quickly after the hearing.You can expect to get the decision within a few days or weeks after the hearing.The order may be mailed to you or called in by the arbitrator.It is final and binding on all parties once the arbitrator makes his or her decision.You don't have an avenue of appeal because both you and the other party signed the agreements.This is one of the benefits of binding.The matter is over and the only thing left to do is move on.If you want to heal your relationship with the other party, having a matter firmly resolved can give you room.