Wills and Trusts
A last will and testament and a living trust become irrevocable at death of the testator or grantor of the trust. At that time, with limited exceptions, these instruments cannot be changed. Estate planning mediation is a process in which the neutral mediator can assist the discussion between the parents and children before death in order to construct a sound estate plan that will minimize the chance of future family conflict.
Issues to determine include who should be the estate beneficiary or estate beneficiaries. Moreover, who should be the living trust beneficiary or the living trust beneficiaries. How best to conform the estate plan with the laws pertaining to Massachusetts wills.
In family mediation, issues affecting the family can be discussed and addressed in the parents (or spouse’s) estate planning documents before it is too late. For instance, arrangements for physically or mentally challenged heirs can be made. The thorny issues relating to stepfamilies and blended families can be reasonably accommodated. The interests of a spouse in a second marriage and the children of the other spouse from a previous marriage can be reconciled and treated equitably preventing inheritance disputes later.
Other issues can come up. Should a large inheritance received by one of the spouses be controlled by that spouse? Should all children receive equal shares, or should they receive shares in accordance to their needs? Should charities be named in the estate planning documents, or should the entire estate be left to family? How should the family law inheritance plan be structured?
Having a family mediator be the facilitator of this discussion, whether among the entire family, or between the spouses or elder generation can be very helpful. The hoped-for result is lack of conflict between the children before and after the death of the elder generation. Having discussion before the death of a parent is crucial to resolving conflicts and preventing an inheritance dispute or a probate dispute and can make the estate plan more easily administered in accordance with Massachusetts probate law.
If you are considering estate mediation, and would like to speak with a MCFM mediator, search our database for estate and probate mediators specializing in Wills and Trusts within the Commonwealth of Massachusetts.
Return to Estate Planning Mediation