You can use mediation to save thousands of dollars in legal fees. Many clients do not understand how mediation can settle their legal disputes.

That explains why I have started a new series on mediation.

Mediation can mean the difference between success and failure. You need to, however, understand the secrets of how mediation works. Once you grasp these, you will get more out of mediation.

Mediation is ADR

Mediation is part of an alternative dispute resolution (ADR) system.

It is used in the private sector, government and judicial systems.

ADR includes various processes like arbitration, collaboration, mediation and mini-trials.

Each works in different ways. The most common process in estate disputes is mediation.

Judicial Systems are Broken

Many people still search for Justice with a capital “J”. Many think it’s something you can buy from a lawyer.

The legal system cannot deliver such rewards.  The judicial system cannot resolve disputes in an economical and timely fashion.

Mediation is more than Negotiation

Are you involved in a legal dispute? It’s important to realize that everyone has a different concept of getting a good deal.

Negotiation can bring an end to legal disputes. It is way of testing your assumptions about what the other side in your dispute considers a good deal.

Mediation can help break through stalled negotiations. It can accelerate an end to your legal worries.  It can end your habit of writing cheques to your lawyer.

New Series: Mediation Secrets

In the next series of posts, I will explain the mediation process from a client’s perspective. This is important as the key to any successful negotiation and mediation is preparation.

I will highlight information I give to my clients to prepare for mediation.

If you want to be notified every time a new entry on my blog is posted, sign up here.

If you want to read more about estate mediation, read my free estate guide called, Estate Mediation – Answers to 10 Most frequently Asked Questions.

Should YOU, as an executor, attempt to probate a will by yourself?

Here’s the tale of Jennifer to teach you. 

In her job with an insurance company, Jennifer filled out forms all day.  She thought it would not be much different filling out court forms.  Besides, she’d save a bundle by probating her brother’s will without a lawyer.

Jennifer’s brother, Douglas, was 46 when he died from complications with his new medications.  Jennifer was named as executor of his estate.  She wanted to probate Doug’s will.

Why Probate is Necessary

Jennifer was told she would need to get an Ontario certificate of appointment of estate trustee (letters probate as it was called) to sell Doug’s investments.  Jennifer would then pay Doug’s bills and his income taxes.  What was left over was to be all hers.

Jennifer spent a few days online reading up on probate.  She went to a number of websites.  Some were from American law firms.  These only confused her by talking about estate, local state, federal and inheritance taxes.

The local Ontario lawyers Jennifer called were not estate experts.  They each gave Jennifer different information.  They could not answer over the phone what she thought were simple questions.

Who Can Give You Estate Legal Advice?

Jennifer decided to try to probate the will herself.  She purchased legal forms. She filled out the application to obtain a certificate of appointment. She was overwhelmed by her grief.

She went to the local estate court to try to get advice.  She was told by the court clerks they were not qualified to give her legal advice.

Jennifer didn’t realize how long it would take to get the probate papers processed. It took almost 6 months to deal with all the necessary corrections. 

Frustrated, Jennifer admitted she had to hire a lawyer to appear in court.   She had been trying to save money.  It was a worthy goal. However, her numerous mistakes caused her lawyer to start the paperwork all over again.

These complications took time to resolve.  More than 3 months later she received the certificate.  This permitted Jennifer to sell Doug’s stocks.  In the meantime, however, the stock market had taken a downward turn. Some of his stocks became worthless in the 9 months since he passed away.

As a result, Jennifer found she had lost money in the stock market.  The final result was that Jennifer had barely enough to pay Doug’s debts.  She had lost her inheritance.

Jennifer realized too late if she had hired a probate lawyer six months earlier her tale would have had a happier ending. 

The Moral of the Story 

1. Good intentions cannot prevent financial losses. 
2. Doing probate without an estate lawyer puts everything at risk.  
3. Using an experienced probate lawyer is an investment, not an expense.

If you need practical advice as an executor, contact me here. You can count on my experience to help you.

Here are 3 tips to keep you out of trouble.

1. You must know the distinction between executor work and legal work.
2. Get professional advice about your executor duties – the sooner the better.
3. Not all lawyers are experienced in probate matters or can advise you.

Will you Act as an Estate Executor…?

I can give you a proven system with practical tips in my upcoming Executor Workshop.

I’m conducting a one-hour executor workshop on Wednesday, January 26th at 8:00 PM EST.

It is a complete and easy-to-use system to make probate painless for any executor.

I’ve included in the cost of the workshop a downloadable guide called EstateTherapy’s Executor Toolkit: What Every Executor Needs to Know.  Unlike any other guide, it explains what you need to know as I walk you through the probate process, step by step.

You will benefit from the insider information I give to all executors who are my clients.  I call it EstateTherapy’s Executor Toolkit: What Every Executor Needs to Know.  This is the material that you should have received on the first day you started to act as executor.

Who should attend the executor workshop?

• an executor or co-executor who does not know their role and responsibilities
• an executor who wants to know what to do and when
• an executor trying to protect themselves from unnecessary executor liability and headaches

What will you learn?

• legal definitions and terms you must know
• The Probate Process at a Glance … 12 months and counting
• 5 costly mistakes executors make and how to avoid them
• 4 dangers executors face
• The 3-Step Executor Mantra to handle any estate

Space is limited for the workshop so register early to avoid disappointment.  You have nothing to lose with my risk-free guarantee.  The workshop is hosted at EstateTherapy.com.

What if a friend or relative is in trouble? They telephone you asking for help to hire a lawyer. What happens if you call a lawyer for them?

Well, this complicates things when you act as a go-between. You may not understand why until you finish reading this.

Let me give you 3 examples to explain. You can answer “Yes” or “No” to test yourself.

Do you think a lawyer should help if you called one saying:

1. I need a power of attorney for my mother. Can you prepare one for me?

2.  My father is in a nursing home. I was told you could transfer his property to me to avoid probate.

3. My sister wants me to prepare a will leaving me all her property.

The Correct Answer

“No” is the answer in all cases. A lawyer should not act on instructions from you on behalf of a friend or relative.

Lawyers must always comply with their professional obligations. This means they must meet with their client, confirm their identity and instructions.

Usually, callers would be screened to determine if there were any potential ethical concerns.

You would be asked questions such as:

• does your relative know that you are calling?
• does your relative have a power of attorney naming you as his attorney?

A lawyer may be able to represent your parent, but not you as well.  You would also be screened for potential existing or future conflicts of interest.

In such matters, it is better for your relative to call a lawyer directly.

Are you…?

• an executor who does not know their role and duties?
• an executor who wants to know what to do and when?
• trying to protect yourself from executor headaches?

If you answered “YES” to any of these questions, you’ll love this online workshop. You will find the fastest way to:

• see the Probate Process at a glance … 12 months and more
• avoid 5 Costly Mistakes executors make 
• sidestep the 4 Dangers executors face 
• use the 3-Step Executor Mantra to handle any estate
• understand legal terms and more

I will be you Executor Workshop instructor during this 90-minute interactive session.

When: Wednesday, January 26, 2010, 7:30 p.m. – 9:00 p.m. EST.

Register now and get an advance sign up bonus. Don’t be disappointed.

Learn the roles and duties of being an executor before it’s too late.

Register here - Start-to-Finish Executor Workshop.

It’s not uncommon to lose sleep if you are involved in a probate dispute.

What should you do if you are uncertain how to solve an estate problem?

Get legal advice from an experienced estate lawyer.

Certainty is not possible when you have an estate problem or a lawsuit.
However, you can insist on clarity from your lawyer.

You should expect your lawyer to:

• communicate so you understand 
• outline the steps you must take
• be honest in their assessment
• not make empty promises
• advise you when their opinions change based on new information    

What if you still have doubts? 

Getting a second opinion from an experienced probate lawyer may be just what you need.

You may ask for a second legal opinion without telling your current lawyer.

Subrule 6.03(8) of the lawyers’ Rules of Professional Conduct allows you to seek a second opinion on a matter for which you already have a lawyer.

A lawyer can provide a second opinion based on sufficient information.  Your current lawyer cannot be contacted without your permission.

Have you considered getting a second opinion from a specialist certified in Estates and Trusts Law? You can contact me to arrange an appointment to obtain a second opinion. Call and ask to speak with me over the phone, and I will explain how I can help. Contact my office now.

Caution! Estate Potholes on the Web

If you cruise the Web looking for legal information about wills or estates, beware!

Information you find about estate planning or about an estate executor’s duties may not apply to you.

There are different estate laws in each jurisdiction. When it comes to wills and estates, a lot depends on what side of the Canadian-American border you live on.

Federal income tax laws are different on each side of the border. Canada has no federal estate inheritance tax on the overall size of the person’s estate. In the United States, reducing gift and estate taxes can require sophisticated estate planning.

Each province or state may have specific estate laws that apply to their citizens and property located within their borders. For example, provincial probate taxes are calculated differently and at various rates in each province.

Search Tips to Remember About Estates

1. Start your Internet searches by limiting them to your particular jurisdiction.

2. Never assume that what you read on the Internet is legal advice that applies to you.

3. Replies to your e-mail inquiry are also not substitutes for legal advice on your particular situation.

When it comes to advertising, law firms are not allowed to make claims about their competence or guarantee results. They must always act with integrity. Bragging or boastful claims to be the best should be signs of danger ahead.

Lawyers have a license to practice law in a particular jurisdiction. Make sure you have not accidentally crossed the border while you are searching.

If you are a member of the public, it is important to know information you’re reading and how it may apply to you.

Check to make sure the geographic location of the lawyer’s offices is in the correct province if you’re looking for information.

Legal Advice Versus Legal Information on Wills and Estates

There’s an important distinction between researching general legal information and getting legal advice.

Before giving legal advice, lawyers must always be careful to:

• avoid any conflict of interest with an existing client
• receive and keep information confidential
• not answer questions without identifying all necessary background information to avoid errors

What is a Conflict of Interest?

Having a conflict means of a lawyer cannot advise or represent both sides in a dispute.

A lawyer cannot accidentally give advice to someone who is in conflict with an existing client. That is why you find most law firms’ websites contain privacy terms disclaimers, warnings and terms of use.

Reputable law firms will confirm what appears on the website or blog is not legal advice.

Communicating any information that is sensitive confidential electronically can be dangerous.

Therefore, if you are reading information from this website or blog, you must understand the terms of use. You can only obtain legal advice for your specific particular situation after:

a) a face-to-face meeting
b) an identity and conflict check and
c) you sign a retainer agreement.

Don’t think all estate lawyers are the same.

Get advice from an experienced estate lawyer who understands your situation. With help, you can steer around dangerous estate potholes.

2009 © MrWills.com. All rights reserved. You may reprint this article provided you credit the author and this website as its source.

This information is not financial, legal, tax advice or a substitute for professional advice. Always consult with a professional before taking any action.

Ed Olkovich B.A. LL.B C.S. TEP is a Toronto lawyer, certified specialist in Estates and Trusts Law. Ed is frequently quoted as one of Canada’s leading estate experts. He is the author of several books including Executor Kung Fu and Estate to the Heart, both available at EstateTherapy.com or by calling 416.769.9800.

Contact Ed Olkovich’s office here or call 416-769-9800 to arrange a consultation today.