Monday, October 6, 2008

Settle Trust Disputes with Mediation

Simplify the administration of your estate with a living trust!

Many individuals are "sold" on the idea of using a living trust in their estate with the promise of an easier administration for their family - but what happens when the trustee and the beneficiaries can't agree on how the trust should be administered?

Probate litigation to determine the intentions of the trust's creator may be necessary to interpret the trust agreement - but wasn't the living trust supposed to avoid probate? Aren't there any other options?

Trust mediation is one option that might feel more appropriate to a trustee. Mediation will help the family resolve the dispute while honoring the trust creator's intention to keep the trust private and out of the court system.

While there are different types of mediators, some take a facilitative approach, trying to help the parties reach an understanding that will address the underlying emotions of the family following the death of a loved one.

Mediation can be a valuable tool in administering a living trust. More to come on this topic...

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