Wills, Trusts, & Estate Planning Alternative Dispute Resolution (ADR)

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California Weighs In: No Mandatory Arbitration For Dispute Over Validity Of Trust Instrument

A hot topic in estate planning these days is whether mandatory arbitration clauses should be included in trusts. The idea is to require trust beneficiaries to arbitrate their disputes rather than going through the time and...more

Tennessee Insurance Legal News - January 2014 • Volume 3, Number 1

In This Issue: - ARBITRATION PROVISION WITHIN TENNESSEE’S UNINSURED MOTORIST STATUTE HELD NOT APPLICABLE TO INSURANCE POLICIES ISSUED AND DELIVERED OUTSIDE TENNESSEE: The Tennessee Court of Appeals addressed the...more

Pension News - November 2013

In This Issue: - Automatic enrolment - The Pensions Regulator - Pension Protection Fund - Department for Work and Pensions - Case law - Other News - On The Horizon - Contact Details -...more

Fatigue, Distress, And Second Thoughts Not Enough To Void A Mediated Settlement Agreement [Florida]

Most will and trust disputes in Florida involve at least one mediation attempt – either by order of the trial court or agreement of the parties. Such mediations usually begin in the morning, and often do not wind-up until the...more

Florida statute provides confidentiality in disputes involving wills and trusts

Which American president was the first to incorporate arbitration as a dispute resolution method in his will? Every lawyer swears an oath to maintain the secrets of clients. This is the client’s guarantee that when he...more

Court Issues Opinion Holding That Parties Can Enforce Arbitration Clauses In Trust Documents

Parties may want to resolve trust disputes in arbitration. There are perceived cost savings associated with arbitration, and arbitration can be quicker than normal litigation. But one of the main benefits is that the...more

Trial lawyers beware of the in terrorem trust clause: A nasty trap that can keep on springing.

An “in terrorem” or “no-contest” clause in a trust instrument provides for the forfeiture or reduction of the equitable property interest of a beneficiary who contests the arrangement. In a recent New Hampshire case, Shelton,...more

Executors and Personal Representatives Equally Bound to Arbitrate Wrongful Death Claims

The Eleventh Circuit has “ironed out a wrinkle” in Alabama’s arbitration jurisprudence that seemed to find executors outside the scope of arbitration contracts signed by the decedent. In Entrekin v. Internal Medicine...more

A Trust is Not an Entity, it is a Relationship

The Problem: Practitioners, and occasionally even some courts, will refer to assets as being “owned” by a trust, or will say that someone is “suing” the trust. This likely arises from the fact that proper designation often...more

Mediation and Arbitration have their limitations when it comes to trust disputes.

Unless the fiduciary issues and the representation issues in a trust dispute are properly sorted out in advance, there is a very real risk that an ill-considered rush to mediate or arbitrate will prove an expensive and...more

Probate battles: Where there's a will, there's a relative

Originally published in the Daily Journal - March 14, 2012. Imagine this hypothetical situation: A mother dies, leaving her daughter 75 percent of her estate. Her son, who believed he was to receive 50 percent, contests...more

Agências de "Rating" e Governança Corporativa: Paradigma ou necessária coexistência

O objetivo deste estudo é demonstrar os pontos positivos e negativos na atuação das chamadas agências de classificação de risco, tanto nos EUA, bem como na Europa e no Brasil. O...more

NEWSLETTER BARRO LAW FIRM - FAMILY GOVERNANCE CODES

Methodology of organizing succession and managing the family estate and immaterial property with an proactive management of conflicts...more

Russian Legal Update - June 2011

In This Issue: Russia Acts Quickly to Restore the Right for Employers to Register Foreign Nationals: the Visa Regime for Highly Skilled Foreign Professionals is Fleshed Out - p1 Mediation Framework Adopted in Russia -...more

Elder & Probate Mediation in Colorado

A Q & A style short article about Elder and Probate Mediation....more

California Supreme Court Holds That Heirs in a Wrongful Death Action Are Bound by Decedent's Agreement to Arbitration

California courts have long wrestled with the question of whether a person's agreement to arbitration binds his or her heirs in a later wrongful death action arising out of his or her death. The California Supreme Court's...more

Top 5 Legal Issues for Individuals and Businesses in 2010

Is it Time for a Legal Check Up? (Top 5 Legal Issues for Individuals and Businesses in 2010) A window sticker reminds you to change the oil every three months or 3,000 miles. A call from the physician points out the need...more

A Brave New World: Nonjudicial Dispute Resolution Procedures Under the Uniform Trust Code and Washington’s and Idaho’s Trust and...

Editor’s Synopsis: Nonjudicial dispute resolution procedures for trust and estate matters are increasingly popular to minimize the expense, complexity, and publicity of court procedures. This article addresses the nonjudicial...more

The Creative Use of ADR Mechanisms and Techniques to Resolve Private Probate and Trust Disputes

This is the PowerPoint for a presentation I have made to groups about the use of mediation and arbitration in Florida trust and probate disputes. My approach emphasizes the early, non-litigation approach, and discusses the...more

How do you look for the right attorney?

Working with the right attorney makes all the difference. Here are steps to consider in a very important decision....more

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