Tuesday, May 7, 2013
While most litigation is driven by emotional stress, estate disputes that arise to the level of litigation are often the product of underlying emotional family disputes. These disputes are occur between all family members, but if these disputes are recognized early enough they can be addressed in a person's estate planning documents. However, sometimes these disputes are unforeseen. Some times the beneficiaries of these estates will try to use the litigation process as a grieving process. Unfortunately, all they tend to do is prevent the resolution of the legal dispute. Attorneys might want to address these emotional issues before they become larger problems. However, it is important to note that not all of these emotional issues will be resolved and often times "the only option is to pursue litigation to the end."
See Jeffrey Merriam-Rehwald, Unresolved Emotional Conflicts Drive Post-Death Disputes, JD Supra, May 2, 2013.
Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.