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.
I'm Mike Hackard. I've written two books about estate & trust litigation. Both books include particular observations as to mediation. When we think of "the best day," few of us would think of litigation. I probably wouldn't make the connection but for a statement that many mediators give at the beginning of an estate & trust mediation day.
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.
Representing clients in California life insurance beneficiary disputes a part of what we do at Hackard Law in addition to our estate, trust and elder financial abuse litigation practice.
Whenever mediation occurs it is usually a day-long event - an event that often includes a "hard day's night." The process involves a neutral mediator that helps effectuate negotiation between the attorneys for estates, trusts, heirs, and beneficiaries. Clients are deeply involved in the process and are understandably swept with emotion as offers and counter-offers come in.
Trust beneficiary mediations are emotional. Alzheimer's, dementia, stepmothers, split families, undue influence and missing estate assets are threads that often run through the fabric of mediated estate and trust disputes. Passions run high. Feelings of betrayal mixed with grief are common to trust challengers and a protective belief of entitlement is common to the challenged.