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A Better Partnership

Publications

Nov 2017
14
November 14, 2017

Sibling Agreements Without Counsel

We are seeing a number of trust and estate disputes arising from an individual or family trying to solve a legal problem without consulting an attorney.  We recommend hiring counsel at the outset to avoid inadvertently setting the table for a family dispute.  
 
  • Example 1:  Several siblings initially agreed on how to manage their incapacitated parent’s property and finances. Later, a dispute arose when some siblings did not perform under the agreement as the other siblings expected them to.  
  • Example 2:  A family member serving as trustee developed a plan for handling the trust’s debt, given that the trust had no cash.  Later, some trust beneficiaries objected to the plan, after it had been implemented.
  • Example 3:  A group of siblings agreed on a plan for transferring, maintaining, and eventually selling the estate’s residence; the agreement fell apart, and a dispute arose.

We have much experience assisting families in memorializing agreements and solving problems — sometimes extremely complicated problems involving difficult family dynamics. 

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