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Estate Planning › Mediation

Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the... more +
Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the disposition of assets, guardianship of minor children, and appointment of representatives to make medical and financial decisions. Effective estate planning can decrease tax liability and facilitate the probate process.  less -
Miles Mediation & Arbitration

Preserving Relationships and Crafting a Resolution: The Advantages of Mediation in Probate Disputes

Miles Mediation & Arbitration on

While every probate dispute is unique, there are some issues that commonly arise. When the validity of a will or trust is contested, one family member or group may accuse other family member or members of undue influence or...more

IR Global

Funeral Disputes and the Rights to a Body

IR Global on

It is not uncommon for a dispute to arise over a funeral and the rights to a body. Over half a million people die each year in England and Wales with 581,363 deaths registered in England and Wales in 2023....more

Bennett Jones LLP

Q&A on Protecting Family Enterprises Through Collaborative Family Law

Bennett Jones LLP on

When family relationships break down, the impact can extend well beyond personal matters, putting the future of a family enterprise at risk. I recently spoke with Patricia Hebert, a collaborative family lawyer, mediator and...more

Offit Kurman

The Dos and Don’ts of a High-Asset Divorce

Offit Kurman on

Divorce is not easy, and when substantial assets are involved, the process becomes even more complex. High-asset divorces should be approached with the goal of fairness and financial security for the family.  I’ve compiled...more

Kohrman Jackson & Krantz LLP

The Richard Simmons Estate Battle: A Lesson in Co-Trustee Conflicts

Kohrman Jackson & Krantz LLP on

The recent case of Richard Simmons, the beloved and iconic fitness guru, is a notable example of the conflicts that can arise when co-trustees are appointed to manage an estate. Co-trustees need to work together in order to...more

Hendershot Cowart P.C.

Alternatives to Litigation in a Will Contest or Probate Dispute

Hendershot Cowart P.C. on

When conflict arises in the settling of an estate – especially a high-net-worth estate – the parties involved may look to the courts to help resolve the dispute. Litigation is one way to settle probate disputes, but it is...more

Miles Mediation & Arbitration

The Saddest Mediation: Mediating Wrongful Death Cases

Miles Mediation & Arbitration on

Start with the obvious fundamental difference between a wrongful death mediation session and any other: the subject of the mediation itself is absent and will never return. That difference, in my experience, dictates a...more

JAMS

[PODCAST] JAMS Neutrals on the Evolution of Trusts and Estates Disputes and Considerations for Selecting the Right Mediator

JAMS on

In this podcast, JAMS neutrals Hon. Glen Reiser (Ret.) and Lisbeth Bulmash, Esq., discuss how the pandemic and a shifting landscape around wealth transfers is fueling increased trusts and estates disputes. They weigh in on...more

Downey Brand LLP

Steps to Follow with a Difficult Co-Trustee

Downey Brand LLP on

We’ve written about how co-trustee conflict fuels California trust litigation and the problem seems to be growing. Trust administration grinds to a halt because a co-trustee (or two or three) is hostile, stubborn,...more

Winstead PC

Court Reversed Jury Trial And Determined That Settlement Agreement Dividing Real Property Owned By Trusts Was Not Ambiguous

Winstead PC on

In Maxey v. Maxey, in a dispute that arose from the probate of an estate, two sisters mediated and reached a settlement agreement concerning the division of certain real property. No. 01-19-00078-CV, 2020 Tex. App. LEXIS...more

Winstead PC

The Use of Arbitration, Forum Selection, And Jury-Waiver Clauses in Trust and Estate Litigation In Texas - Presentation

Winstead PC on

David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses the enforceability of arbitration, forum-selection, and jury-waiver clauses in trust and will disputes as well as other related issues associated...more

Downey Brand LLP

Resolving California Trust and Estate Disputes – A Mediator’s Perspective

Downey Brand LLP on

Many California trust and estate disputes are resolved by mediation instead of a final adjudication in the Superior Court. Mediation can offer a custom-crafted resolution to a case that avoids the stress, expense and...more

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