Trust beneficiary disputes occur for a host of reasons. And, whatever the reason, it seems that Bay Area trust beneficiary disputes often involve who gets the family home.
Imagine: Your mother is an 86-year-old widow. Your father passed away ten years ago. You have three siblings - two brothers and a sister. You're all now in your 50s.
"A house divided against itself cannot stand." We read this in Scripture - the Gospels of Matthew, Mark and Luke. We see this in history. It's Abraham Lincoln's warning made on the eve of the Civil War. It's an everyday life truth.
The San Francisco Bay Area is overflowing with equity-rich homeowners. About half of Bay Area residents live in homes they own, and these homes have been escalators to wealth. Bay area home price increases have been astounding, and San Francisco in particular, may be in the early stages of some dramatic increases.
"What you focus on grows" is a garden metaphor - a simple truth with widespread application. Focus is a gift of presence coupled with deliberate practice. It is the use of our imagination paired with or own time commitments to practice essential tasks necessary for elevating our game. Growth spawned by focus is as applicable in our personal lives as it is in sports, music, business and the professions.
This is the biggest mediation year in our law firm's history. The milestone is significant for our clients, their adversaries and all lawyers involved in the prosecution and defense of estate, trust and elder financial abuse litigation.
This is a busy year for estate and trust mediation - the alternative dispute process in which the parties to a lawsuit meet with a neutral third-party, often a retired judge, in an effort to settle the case. Our litigation practice includes California's largest urban areas and so, not coincidentally, does our presence at mediations. While mediations can be dramatically different there are some constants - including strong emotions.
We're nearing the end of the year and many thoughts come to mind of "all that has been." The press of year end business coupled with the magnificence of the Christmas season make December a very busy month. Whatever the press of business or the season's needs the most important part of our lives should not be forgotten. It is this sense of gratitude that we share.