Disputes over inheritance rights under wills or trusts carry a lot of ‘emotional baggage’ in addition to the ‘hard-headed’ considerations of who gets what assets of the deceased person. Mixed in with these ‘hard-headed’ considerations are feelings that form the critical “sub-text” of the inheritance battle: jealousy over who was or wasn’t favored more or respected more, etc. by the deceased person, or who did more for that person and so ‘deserves more appreciation’, etc.
As in my work in other kinds of disputes, I prepare to show my client’s opponent and his or her attorney the ‘pain’ that my client’s opponent can suffer if he or she goes forward to final stages in a lawsuit or arbitration (mounting attorney fees and the never-absent possibility of defeat for the opponent in addition to mounting attorney fees), and I warn my client of the correspondingly similar ‘pain’ my client may suffer if we go forward in a lawsuit in court or an arbitration with an arbitrator (private judge hired by the parties at their expense). At the same time I am looking for a better solution by either negotiation between the attorneys or negotiation with the aid of a “wise village elder” mediator.
Sometimes even in inheritance disputes there is room for creative negotiation and settlement of the disputes. Often the “real interests” of each disputing party differ enough so that by a “give-and-take” discussion they can accommodate each others’ interests rather than exhaust the inheritance assets with attorney fees. So, while I am ‘preparing for battle’ I am also looking for a better solution by either negotiation between the attorneys or negotiation with the aid of a “wise village elder” mediator.