Trust / Estate / Probate

Trust, Estate, and Probate Litigation and Mediation

Making decisions on how assets should be distributed is within the rights of those who they belong to. Including family members in a discussion about your assets or how they will be divided once you are no longer here does not relinquish your authority. Moreover, including family members now in your planning prevents later conflict which usually results in so much wasted money and hurt relationships.

Good mediation and/or facilitation will help you with strategies to approaching this type of discussion. Preserving, respecting and uniting the family is necessary and important when end-of-life planning. After all, our family is our legacy, our children – extensions of ourselves. Including children in a discussion about planning does not usurp authority but instead shows them you care and respect them enough to let them know what you are going to do.

Sanchez and Baietto have found that families who plan together have sense of security and strength when dealing in difficult times, because they have addressed issues together. Experience proves that families that come up with a plan together are more likely to stick with that plan and less likely to fight about it later. This saves money and relationships.

Sanchez and Baietto are available for planning and/or facilitation services at any stage of life transitions and, if need be, can help families mediate issues that they have taken into litigation.

Facilitation and/or Mediation in Trust, Probate, and Estate Cases Can Help in the Following Ways:

• Shine the light on hidden issues and let everyone know where they stand.
• Resolve underlying family and emotional conflict regarding money.
• Help ongoing relationships particularly siblings and other familial relationships survive a dispute – even one already in litigation – with the relationship intact.
• Help attorneys work with clients who perhaps are motivated by nonlegal issues such as resentment or need for control or acknowledgement.
• Be more respectful of the delicate relationships which are involved in these type issues.
• Open the doors of communication enough to find some middle ground where beneficiaries can continue with the peace of knowing they were heard and acknowledged when the plan was made.
• Allows for more creativity in crafting solutions than what a court can offer.

Typical Issues in Estate Planning:

• Will Issues/Division of Assets
• Appointment of Trustee
• Family Business: Perhaps there is a family business which the senior has played a vital role, and there have been some conflict around retirement/role conflicts. Mediation can help families discuss creative options to allow the senior’s voice be heard, and create a structure that allows the senior to be involved.
• Selection of Beneficiaries
• Appointment of Personal Representatives

Sanchez and Baietto have experience with trust, estate, and probate litigation and mediation.  Our legal and hands-on experience with families in crisis at these times allow us to work effectively with parties and attorneys, fiduciaries, care managers, and other third parties to help resolve these disputes.

Money Drama and Mediation