Estate Planning

While mediation of divorce has become commonplace, many do not realize the benefits of mediating disputes regarding wills, trusts, and other estate issues. Like divorce, disputes over estates can be emotionally charged because people feel hurt by family members. After all, a once close and loving family is dealing with the loss of a loved one, along with disappointment and even anger regarding the distribution of assets. An inheritance is the last contact one has with the deceased, so clinging to that can be a way of holding onto the person.

Estate plans often include a trust so heirs can avoid having to probate the will of a decedent. A trust can incorporate the protections of a spendthrift provision. The effect a court will give to the spendthrift provision is fact dependent, and caselaw gives us the following guidance.