Probate & Estates

Trust and Estate disputes frequently benefit from a collaborative approach. The parties generally know one another, and are often members of the same family. Probate litigation is likely to deplete estate assets, and damage the ongoing relationships, while a collaborative approach provides an opportunity to achieve cost-effective and efficient reconciliation and enhance those relationships.

At the very earliest stages of an estate plan, probate attorneys responsible for trust and estate property—both real and personal - may be able to use the collaborative process to anticipate and avoid discord among potential caretakers of the client’s personal and financial affairs. Elder law and real estate law specialists should be consulted by the client’s probate and estate planning lawyer to form a comprehensive and cohesive plan in preparing for the possibility of extended skilled nursing care, whether in the home, or a professional environment.

Helping the client choose lifetime financial and personal representatives (holders of powers of attorney, trustees, conservators and guardians) should be accomplished by a certain process: with open communication and free sharing of the client’s intentions to avoid future conflict among the personal representatives and beneficiaries. Living trusts can pass property to intended beneficiaries, without the expense and delay of probate. Health care proxies can assure that a client’s most personal wishes may be respected. A living will, though unenforceable in Massachusetts, can help explain, and reconcile family members’ divergent opinions regarding a client’s expressed wishes about their final care.

At the time of probate of a client’s will, and administration of any testamentary trusts that the client may have created, probate law already encourages compromise of trust and estate disputes, to give meaningful effect to the testator's intent.

Collaborative lawyers, family coaches and financial neutrals, unlike litigators, can concentrate on helping beneficiaries and heirs find creative and efficient solutions to respect the wishes of the client, while addressing the interests of the parties, to avoid loss of control, as well as the expense, delay and publicity inherent in succession litigation.

I especially appreciate your humane and sane way of approaching family issues. The collaborative process reinforces the best in people.