Category: Probate

Why are You and Your Sibling Fighting Over Your Parent’s House? author.

Why are You and Your Sibling Fighting Over Your Parent’s House?

Your parent died a few months ago. That, in and of itself, is tragic enough. You’re neck deep in the...

By Kamela Laird
Temporary or Partial Impracticability and Frustration of Purpose and Pandemic Affected Contracts and Leases author.

Temporary or Partial Impracticability and Frustration of Purpose and Pandemic Affected Contracts and Leases

The Restatement 2d of Contracts finished in 1981, added concepts of  temporary and partial impracticability and also restitution or reliance ...

By Frank Burke
It’s Time to Talk…. author.

It’s Time to Talk….

Mediation and Business Consulting by Kathleen Kauth.Talking about end of life wishes is never fun, and seldom easy.  In light...

By Kathleen Kauth
Dividing the Burial Plot in Divorce author.

Dividing the Burial Plot in Divorce

As I work with more “grey divorce” couples, I’m finding that there may be an overlooked asset that needs to...

By Mary Salisbury
Divorce and Social Security author.

Divorce and Social Security

As couples reach the age of 62 they begin the process of determining whether to take early retirement or wait...

By I. Jay Safier
Montana Nursing Homes and Families Receive Assistance to Resolve Disputes author.

Montana Nursing Homes and Families Receive Assistance to Resolve Disputes

Montana Nursing Homes and Families Receive Assistance to Resolve Disputes about Discharge Notices Through a Grant from Centers for Medicare...

By Kayre Chatellier
Eldercare Mediation:  Setting Families up for Success author.

Eldercare Mediation: Setting Families up for Success

When it comes to discussing end of life issues, very rarely are all members of families on the same page. ...

By Kathleen Kauth
CMS Issues Final Rule Allowing Pre-Dispute Nursing Home Arbitration Agreements author.

CMS Issues Final Rule Allowing Pre-Dispute Nursing Home Arbitration Agreements

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly HayesThe Centers for Medicare & Medicaid Services (“CMS”) has issued a...

By Beth Graham
Divorcing After Long-Term Marriage Checklist of Considerations author.

Divorcing After Long-Term Marriage Checklist of Considerations

Once upon a time, people who grew old (or older) together, even if unhappy in their marriage, did not consider...

By Dr. Lynne C. Halem
Family Feud? Use Eldercaring Coordination for High Conflict in Eldercare author.

Family Feud? Use Eldercaring Coordination for High Conflict in Eldercare

The aging of a family member is an inevitable process, and families hope that their aging parent or grandparent will...

By Sarah Gross
Reconsidering How to Honor a Father’s Wishes author.

Reconsidering How to Honor a Father’s Wishes

Recently I mediated a case involving consolidated actions for collection of hospital bills and alleged fraudulent conveyance of real properties. ...

By Nancy Shuger
Disability Mediation : An Overview author.

Disability Mediation : An Overview

There is an on-going need for disability mediation in the civil, commercial, workplace and family context, as there remains a...

By Ryan Compton
3 Reasons Why You Want to Mediate Guardianship Disputes author.

3 Reasons Why You Want to Mediate Guardianship Disputes

When the natural parents of a minor are deceased or become otherwise incapable of caring for their child, the issue...

By Lee Drizin
Why Are You And Your Sibling Fighting Over Your Parent’s House? author.

Why Are You And Your Sibling Fighting Over Your Parent’s House?

Your parent died a few months ago. That, in and of itself, is tragic enough. You’re neck deep in the...

By Kamela Laird
Mediating Family Property and Estate Conflicts: Keeping the Peace and Preserving Family Wealth author.

Mediating Family Property and Estate Conflicts: Keeping the Peace and Preserving Family Wealth

Special thanks to JAMS and Editor Richard Birke for their gracious permission to reprint this article which was originally published...

By Jay Folberg
ADR in the Regulation of Aged Care author.

ADR in the Regulation of Aged Care

From ADRAC- The Australian Dispute Resolution Advisory Council Blog, organized with Shirli Kirschner Introduction The role of ADR in the aged care...

By Shirli Kirschner
Mediation, Elder Abuse And Saving The Family: Mediation & Conflict Strategies To Avoid Elder Abuse author.

Mediation, Elder Abuse And Saving The Family: Mediation & Conflict Strategies To Avoid Elder Abuse

Texas Conflict Coach Audio Blog by Pattie Porter Listen to the podcast here. The guest speaker on the podcast is...

By Patricia Porter
Nursing Homes May Continue to Use Arbitration Agreements author.

Nursing Homes May Continue to Use Arbitration Agreements

IndisputablyIn a very unsurprising decision, the Supreme Court ruled 7-1 that a Kentucky nursing home can enforce contracts signed residents’...

By Sarah Cole
Best Practices for Managing Wills Between Family Members author.

Best Practices for Managing Wills Between Family Members

JAMS ADR Blog by Chris PooleA mother dies, leaving her daughter 75 percent of her estate. Her son, who thought...

By Elaine Rushing
Federally Funded Nursing Homes No Longer Allowed to Require Residents to Sign Binding Arbitration Agreements author.

Federally Funded Nursing Homes No Longer Allowed to Require Residents to Sign Binding Arbitration Agreements

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly HayesYesterday, the Department of Health and Human Services’ Centers for Medicare...

By Beth Graham
Hospice and Conflict Resolution author.

Hospice and Conflict Resolution

People are often surprised to learn there is potential for conflict when a loved one is in hospice. Unfortunately, many...

By Althea Halchuck
For Senior Caregivers, Mediation Is Often a Must author.

For Senior Caregivers, Mediation Is Often a Must

Determining where, how and with whom a senior loved one should live out her golden years can present challenges for...

By Stephen Fritsch
Mediating Inheritance Disputes author.

Mediating Inheritance Disputes

Previously published in the Spring 2014 Family Mediation Quarterly.Inheritance disputes can be difficult to resolve.  They are tied up in...

By Jeffrey Fink
To Move or Not To Move an Elder author.

To Move or Not To Move an Elder

Four out of ten American adults provide care for an aging relative, a figure that is projected to rise dramatically...

By Halee Burg

The Benefits of Working With a Probate Lawyer

When a loved one dies, dealing with the preparations for the funeral are more than enough. Your emotions are raw...

By James Burns
Foreclosure Mediation Comes to Bankruptcy Court? author.

Foreclosure Mediation Comes to Bankruptcy Court?

From the Just Court ADR blogThe end of March marked the end of two madnesses: Connecticut’s journey to the championship...

By Heather Scheiwe Kulp
Tipping Points – Reasons Why Mediation Works in Complex Family Disputes author.

Tipping Points – Reasons Why Mediation Works in Complex Family Disputes

“Mediation can function like a tipping point - a moment when great changes can quickly occur in family dynamics. When...

By Rikk Larsen
Eldercare Mediation: A New Way To Make Decisions Regarding Aging Parents author.

Eldercare Mediation: A New Way To Make Decisions Regarding Aging Parents

"Mother should live in a retirement home where she can get help if she needs it." "No way! Mother wants...

By JANET MITCHELL
Mediating a Key Estate Settlement Issue – Dividing Personal Property author.

Mediating a Key Estate Settlement Issue – Dividing Personal Property

Perhaps it is surprising, but most of the time families struggle through the process of dividing up personal property following...

By Rikk Larsen
Mediation in Estate Planning: A Strategy for Everyone’s Benefit author.

Mediation in Estate Planning: A Strategy for Everyone’s Benefit

First published in the "Elder's Advisor, The Journal of Elder Law and Post-Retirement Planning."How much better would this world be...

By David Gage, John Gromala

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