When You Skip Probate Mediation, You Might Lose Everything

Imagine you are named in a will to get money from a trust. Then, the people in charge tell everyone to go to a mediation meeting to sort things out.

You get the notice. But you decide to ignore it and stay home.

Can the other people cut you out completely? A famous California court case called Breslin v. Breslin says yes.

What Happened in the Breslin Case?

A man named Don Kirchner passed away with millions of dollars in his trust. His paperwork listed several charities to get money, but the main list went missing.

The trustee asked a court for help. The judge ordered all potential beneficiaries to attend a mediation session.

A group sent out notices to all the charities on the list. The notice gave a clear warning: if you do not show up to mediation, you might lose your rights and be bound by whatever the group decides.

Some charities showed up. They talked, made a deal, and split the money among themselves. They completely cut out the charities that stayed home, including the Pacific Legal Foundation.

The charities that stayed home got mad and sued. They said it was not fair.

What Did the Court Decide?

The court ruled against the charities that stayed home.

The judges said that if a court orders mediation, you must show up. If you get notice and choose to skip it, you give up your right to complain later.

The court noted that mediation is a key part of the legal process. You cannot ignore a court order, let everyone else do the hard work, and then whine when you get nothing.

Another Case Showed a Different View

Not every court agrees that people automatically lose everything.

In a 2026 federal case called In re Elijah and Mary Stiny Trusts, a similar fight broke out over trust money. A group of people made a deal with a trustee to take a share of a trust.

Other family members and groups were involved in the dispute over who should get paid. But the court handled the distribution differently, focusing closely on the exact text of the trust and making sure the process followed strict rules.

What Is the Difference Between the Cases?

The main difference is how the courts handle people who do not participate or how they view the final fairness of the deal.

• In Breslin, the court punished the people who got clear notices and chose to skip the court-ordered meeting. The court said skipping means you forfeit your claim.

  
  

• In Stiny Trusts, the court looked closely at how the trust shares were being handed out to make sure the distribution followed the true intent of the trust and proper rules, rather than just locking people out for missing a meeting.

  
  

The Big Lesson

If you get a legal notice about a trust or a mediation meeting, do not ignore it.

Showing up takes time and effort. But staying home might cost you every single penny.