Robert Wildau NewSouth Mediation Services

Estates & Probate

Blood being "thicker than water," the care of elderly relatives and the management and division of their property can divide families in struggles more bitter than any divorce.

Nobody likes to think about getting old and sick, so planning for disability is often postponed until it's too late. Suddenly one concerned family member wants to be appointed as a guardian of a loved ones' property in order to assure their care. But the guardian's siblings may think that pride in doing what's best for Grandpa is becoming confused with self-interest. If they end up fighting over who should be in charge, Grandpa's estate may be asked to pay both sides' legal fees. The result is likely to be either a wholesale waste of assets, or expensive litigation in which everybody loses!

When Grandpa dies, leaving his eldest daughter living in his house but no will, and she claims compensation for having taken care of him in his old age, is she entitled to a larger share of his property than the other children? If she has no other income and wants to be paid for handling the petty details of his estate, the jealousy is likely to escalate, again leading to lawsuits in which the siblings will be saying the worst things they can think of about each other.

The laws affecting estates and guardianships are incredibly cumbersome in their operation and unpredictable in their outcomes. Rarely are there winners in probate court. But if the contesting parties can be brought together with the right financial planning expertise, mediation can produce "win-win" outcomes. Both resources and relationships are preserved.

With its long experience in matters of family finance and property division, NewSouth Mediation Services is completely suited to working with all family members in search of equitable solutions from which no party feels excluded.

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