Submitted by Trix on Mon, 05/04/2009 - 13:01
Posted in
My husband is the executor of his mother's estate. One of his sisters is making a huge pain in the back-side of herself, claiming she is not getting what she deserved from the estate and threatening to hire a lawyer. Are there mediators who deal with estate law issues? I think the sister might be more reasonable if she could hear the truth about the estate documents from a neutral, third party.
Mediation for estate and elder law disputes
Absolutely, and mediators are often an excellent solution to disputes dealing with elders and estates. If you find a well-qualified mediation, he or she can be very helpful in avoiding or limiting inter-family strife during the life of the elder (helping parents decide on an equitable plan for distributing their assets, AND explaining it to the kids/heirs) and also after the elder has passed (helping heirs resolve disputes over estate assets and documents). Additionally, mediators can help with a range of issues including, but certainly not limited to: living arrangement for elders, responsibilities of all family members in the care of an elder parent or loved one, addressing caregiver burnout, driving and transportation issues (including whether an elder should be driving or not), finances, and medical decisions and/or (in the absence of a healthcare proxy).
About the worst thing that can happen to a family going through a dispute related to an elder or an estate is litigation. Mediation costs much less than litigation and is held in private, not in an open court. Mediation is also much more likely than litigation to leave the members of the family on speaking terms. Many Massachusetts attorneys have a good deal of experience as elder law mediators. Good luck, and please tell your friends about The Forum