On June 1,2009, Annie’s Mailbox, a nationally-syndicated advice column, published my letter about using a mediator to help with a family fight brewing over heirlooms. These kinds of conflicts are common, whether the heirlooms have great monetary value or only sentimental value. Read the original letter and response, describing the estate settlement conflict. Then read […]
When is the “right” time for estate mediation?
Sometimes people wonder just when they should consider estate mediation. The time is right whenever the parties (and, where it applies, their advisors, including attorneys) feel the time is right. Mediation can be helpful in the estate planning process, when difficult issues can be better addressed with the help of a neutral third party. Addressing […]
Estate Planning and Settlement Conflict, Astor-style
The protracted criminal case involving the estate of socialite and philanthropist is nearing trial in New York City. Prosecuters say that her son and his lawyer conspired to defraud her by having her change her will when she was mentally incompetent to do so. Of course it seems that the ultrarich lead different lives than […]
The 25 Year Estate Conflict
Today’s New York Times includes a story by Charles V. Bagli titled “Family Feud Over a Will Nears an End After 25 Years.” Yes, 25 years in the New York court system. Two sisters, Evelyn and Diana, say that they had believed that their father had died broke and without a will in 1956. They […]
Estate Planning and Settlement
Mediation is a voluntary process that families and others can use to prevent, reduce or resolve conflicts. Mediation sessions are confidential, and a professional mediator is a trained neutral who has no stake in the outcome and who works with parties to create resolutions tailored to their needs and priorities. Mediation or consulting assistance for […]
Mediation assistance in guardianship cases
A recent report by the AARP’s Public Policy Institute, conducted with the American Bar Association Commission on Law and Aging, took a look at the guardianship process for incapacitated adults. The report highlighted innovative practices around the country, including the model guardianship court in Suffolk County, New York. That program was also featured in a […]
“Enough to do something…
… but not enough to do nothing.” That’s the concept expressed by Richard A. Lehrman, a Miami Beach attorney, in a Saturday New York Times article, “Bequeathing, With Strings Attached” by Hillary Chura. Mr. Lehrman is describing the idea that inherited wealth be used to allow the recipient to enhance his or her life but […]
‘Tis the season — Part II
Last time I talked about the great benefit to a family that comes from creating a communications plan before one is needed and how having family together over the holidays can provide an opportunity to create that plan. Sometimes being together over the holidays and seeing everyone face to face provides unmistakable proof that some […]
‘Tis the season — Part I
“…’Tis the season to be jolly….” It’s no secret that the holidays can be a stressful time for families. Old wounds can be reopened, old grudges renewed, buried emotions reignited. People who are rarely see each other may be together for days on end. But the holidays also present an opportunity for families. Sometimes a […]
