The Baby Boomer generation is now in the process of inheriting a vast amount of wealth accumulated by what is known as "the Greatest Generation," that being those who lived through World War II and had children after it ended.  The parents of the Boomers worked hard and accumulated real property and other holdings, and this wealth is now being passed on by inheritance.   At the same time, because the American Family is imperfect, there are many children, now adults, who are unhappy with the fact that their parents failed to provide for them, but apparently, favored a brother or a sister over them.  The result has been an increase in litigation in Probate Court.  If you are in the unhappy position of being the Executor or Trustee of a family estate in which one of your siblings has been omitted and is now threatening litigation, you may be wondering whether you should fight the claim or try to settle.  The reality is that even if the claim has little merit, the costs of protracted litigation and delay are a serious factor to consider.

Any decision on whether to stand and fight a claim or try to settle it must be made based upon a thorough review of the facts of the case and the costs and benefits of either course of action.  There is no standard answer to the question, each case is unique and in most cases, the assistance of an experienced and qualified attorney is required for the right conclusion.  Further, defending, or settling, such a claim required technical expertise which most attorneys simply do not have, since the Probate Court has its own, complicated set of rules.

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