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Trust and Estate disputes frequently benefit from a collaborative approach. The parties generally know one another, and are often members of the same family. Litigation is likely to damage the ongoing relationships, while a collaborative approach provides an opportunity to build those relationships.
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Statutes and the courts encourage compromise of trust and estate disputes, and permit reformation of estate planning documents to give effect to the testator's intent. Collaborative lawyers, freed from the need to engage in litigation posturing, can devote their full attention to
finding a solution that achieves the interests of the parties while respecting the wishes of the deceased.
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The primary goal of both wills and trust is to maintain control over both who administers the estate and what happens to one's assets. Trusts are used to avoid the expense, delay, publicity of probate. Anyone who engages in estate planning is likely to want to avoid the loss of control,
expense, delay and publicity inherent in litigation.
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