Anticipate Conflict? Consider Confidential Estate Planning Mediation
In the famous first line of Anna Karenina, Leo Tolstoy wrote that “every unhappy family is unhappy in its own way.” Certainly, no one knows the relationships between you and your planned heirs better than you do, which includes knowing when and where conflicts are most likely to arise when it comes time to execute your estate plan.
Although you can take certain steps to reduce conflicts privately, it is also wise to consider ways in which you can prevent or reduce conflicts after your death. One method is by using estate planning family mediation.
What is Mediation?
Mediation is an alternative means of dispute resolution used in many situations, from divorce to contract negotiation to estate planning. During mediation, the parties and their attorneys meet with a neutral third-party mediator, who helps everyone reach common ground. If an agreement simply cannot be reached, other options, such as going to court, remain available.
Estate planning mediation can help answer potentially contentious questions, including:
- Who will administer the trust and/or estate, both during your lifetime and after you have passed? Who is the best choice?
- What will the administrator’s duties be?
- What oversight or protections will you include to prevent elder abuse, including elder financial abuse?
- How should inheritances be distributed, and in what forms?
- How can your family best meet its needs when it comes to the estate plan?
Mediation is intended to create a safe space for family members to discuss these and other issues. Items discussed in mediation are confidential.
At Mushkatel, Gobbato, & Kile, P.L.L.C., our Peoria estate planning attorneys have the experience, focus, and skill to create an estate plan that carries out your wishes and satisfies the specific requirements of Arizona law. Contact us today to learn more.
About the Author
Zachary Mushkatel discovered his affinity for the law by chance. As a political science major at the University of Arizona, he first aspired to become a professor. But an unexpected invitation to participate on a mock trial team at the university encouraged him to turn his competitive spirit and drive…
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