*The Case of Don Kirchner's Estate: How Missing Mediation Led to Lost Rights*

Don Kirchner died in 2018, leaving an estate valued at $3-$4 million. His living trust lacked an important document, Exhibit A. A successor trustee, David Breslin, was appointed, but some charities and heirs disagreed about who should receive the estate. After mediation, a settlement was reached, but the Pacific parties objected. The court approved the settlement, and the Pacific parties appealed.

THE APPEALS COURT NOTED:

The probate court can order people involved in an estate to go to mediation, (PC 17206) which is like a meeting to help settle disagreements. The Pacific parties were told about the meeting but chose not to join. Because they didn't take part, they can't complain about the settlement others agreed to. The court also said they gave up their right to a hearing by not participating in mediation. Since they didn't follow the rules, they lost their chance to argue about the case.

The Pacific parties argue that the trustee didn’t keep them updated about the mediation and the settlement agreement. However, they were notified about the mediation and chose not to participate. The purpose of mediation was to settle without objections afterward, and the notice explained that not participating could cause them to lose their rights.

THE COURT RULED:

The judgment (order) is affirmed. Costs are awarded to respondents.