by Francis Burton Doyle, Esq., WealthPLAN
There has been a vicious turn in the estate and trust administration practice. The wolves have descended and more and more estate litigation cases are being filed. The litigation bar has found this area fertile ground to generate substantial fees. Further, many families who start fighting amongst themselves over estates don’t realize the devastating effects of litigation until it’s too late and they find that the estate has been consumed by attorneys fees.
What can be done to preclude this at the planning stage? One solution is to have a mandatory mediation provision in the documents, which requires that all beneficiaries agree to mediate any and all disputes regarding the trust or estate as a condition precedent to receiving the gift.
At mediation the costs of pursuing litigation can be disclosed so that the beneficiaries can assess the potential devastation which litigation will cause themselves and the family. Further, my experience has been that mediation reveals to the potential litigants that there differences are not all that cavernous and it makes both personal and business sense to resolve their differences in a business like manner.
Quote to Ponder
“I have realized that the past and future are real illusions,
that they exist in the present,
which is what there is and all there is.”
~Alan Watts
About the Author:
Francis Burton Doyle, Esq., is the founder of WealthPLAN, with over 35 years of experience in Tax, Estate-Planning Probate, Trust Administration and Litigation. He is Certified Legal Specialist, Taxation Law and Probate, Estate Planning and Trust Law (California State Bar). Frank is the Past President of both the Santa Clara County Estate Planning Council & the Silicon Valley Planned Giving Committee. Frank is also the Past Chair of the Planning Committee, Annual Jerry A. Kasner Symposium, Santa Clara University, School of Law. Mr. Doyle provides all the course development and instruction for the Advanced Legal Training Institute.
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