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 is a founding attorney of Mushkatel, Gobbato, & Kile, P.L.L.C., who has practiced law in Arizona since 2004. He also practices before the U.S. District Court for the District of Arizona and the U.S. Court of Appeals for the Ninth Circuit. A graduate of the University of Arizona and the University of Minnesota Law School, he started his career as a public defender and entered private practice in criminal defense. In 2008, Zachary co-founded a firm dedicated to civil law in addition to criminal defense, and he has since expanded his practice to personal injury, estate planning and litigation, guardianships, conservatorships, probate, corporate litigation, real estate, and various civil matters. He serves on the board and faculty of the Arizona College of Trial Advocacy, and he is a past president and current member of the West Maricopa County Bar Association.
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