News & Analysis as of

Trusts Mediation

Miles Mediation & Arbitration

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

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

Cadwalader, Wickersham & Taft LLP

Certainty and Uncertainty May 2025 - CFPB v. NCSLT Again Again Again

As if the saga of litigation involving the Consumer Financial Protection Bureau (“CFPB”) and National Collegiate Master Student Loan Trusts (“NCSLT”) that has been going on since 2017 has not been protracted and complicated...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

Miles Mediation & Arbitration

Now What Happens?: Addressing Contingencies to Mediation Settlement Agreements in Trust Cases

Representing a client in a trust case? A signed mediation settlement agreement (MSA) needn’t mean that your work is done. The requirement of a signed final MSA, while indispensable, nevertheless can present serious challenges...more

Kohrman Jackson & Krantz LLP

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

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

Miles Mediation & Arbitration

Top 10 Tips to Help Avoid Trouble

As an attorney and mediator who specializes in professional liability cases and issues affecting lawyers and their firms, I’ve learned that while the fact patterns and circumstances of every case are different, even the best...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

Making Peace in Mediation – A Conversation with Daniel Spector

Downey Brand LLP on

Daniel Spector has litigated trust and estate cases in Northern California since the early 1990s. He is now focusing his practice on mediating trust and estate disputes across California, working with Judicate West. Dan is a...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

Downey Brand LLP

Court May Compel Mediation of California Trust Disputes

Downey Brand LLP on

Trust and estate litigators, and mediators, are buzzing over a recent decision from the California Court of Appeal that validates mandatory mediation of trust disputes. In Breslin v. Breslin (Case No. B301382, decided...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

NAM (National Arbitration and Mediation)

Resolving Trust and Estate Disputes Utilizing Virtual ADR

The New York Law Journal Alternative Dispute Resolution (ADR) Special Report - Contested matters in the Surrogate's Courts of New York are part of the trend of increasing litigation in our society.  They are no less...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

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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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