One of the big selling points for settling disputes is finality: you
Continue Reading 3d DCA’s advice to settling parties: GET IT IN WRITING!
2013 . . . A probate mediator’s guide to 2013 Mediator Ethics Advisory Committee (MEAC) Opinions
The Florida Supreme Court’s Mediator Ethics Advisory Committee (MEAC) has been issuing
Will a faith-based arbitration clause disqualify your trust for tax purposes?
Faith-based arbitration clauses are legally enforceable. See Spivey v. Teen Challenge of
Continue Reading Will a faith-based arbitration clause disqualify your trust for tax purposes?
Can “trust protectors” be used to privatize Florida trust-construction disputes?
In what could be a ground breaking decision, for the very first
Continue Reading Can “trust protectors” be used to privatize Florida trust-construction disputes?Survey: top three reasons families engage in estate planning: (1) avoid probate (59%), (2) minimize discord among beneficiaries (57%), and (3) protect children from mismanaging their inheritances (39%).
WealthCounsel’s 7th Annual Industry Trends Survey looked at the business challenges
Continue Reading Survey: top three reasons families engage in estate planning: (1) avoid probate (59%), (2) minimize discord among beneficiaries (57%), and (3) protect children from mismanaging their inheritances (39%).
Roughly 70% of families lose a chunk of their inherited wealth, mostly due to estate battles. How to manage estate litigation risk? Think process . . . then think mandatory arbitration
Once a probate judge grants a motion to compel arbitration, can that same judge dismiss the claim because one side fails to initiate the arbitration proceeding on a timely basis?
Why any estate planner would in good conscience subject his or her
Continue Reading Once a probate judge grants a motion to compel arbitration, can that same judge dismiss the claim because one side fails to initiate the arbitration proceeding on a timely basis?Texas Supreme Court weighs in on enforceability of mandatory arbitration provisions in trust agreements; votes YES
Readers of this blog know I’m a big fan of mandatory arbitration
Continue Reading Texas Supreme Court weighs in on enforceability of mandatory arbitration provisions in trust agreements; votes YES
Does buyer’s remorse equal “coercion” sufficient to get you out of a mediated settlement agreement?
Most inheritance cases settle, and most settlement agreements are never contested. But
Continue Reading Does buyer’s remorse equal “coercion” sufficient to get you out of a mediated settlement agreement?
When can a probate court “reform” a settlement agreement to fix a drafting mistake?
So here’s the typical scenario at the end of a successful mediation
Continue Reading When can a probate court “reform” a settlement agreement to fix a drafting mistake?