Estate And Trust Litigation’s Resemblance To Family Law: “Divorces On Steroids”
/Estate and trust litigation, and family law, may seem like two distinct areas of law, but in truth they share some significant similarities and parallels---perhaps that is why at least 75% of my clients and cases fall in these two legal fields. Separate and distinct from the basic fact that they often involve family members fighting about money and property, below are a few key areas where the two areas overlap:
1. Emotional Complexity
Both family law, and estate and trust litigation, frequently involve complex and emotionally-charged situations. In family law, for instance, divorce, child custody, and child or spousal support issues can provoke strong feelings from all parties involved. In estate and trust litigation, family members may likewise have passionate emotions when dealing with the death of a loved one or the distribution of an inheritance.
Probably the two most common scenarios that I see in estate and trust litigation are (a) sibling disputes between brothers and sisters and (b) a deceased person’s children of the first marriage having disagreements with a subsequent spouse of the deceased person. In both areas of law, it is important to understand the emotional complexity of the situation and work to find solutions that are fair and practical.
2. Mediation And Alternative Dispute Resolution
Mediation, arbitration, and alternative dispute resolution (ADR) are increasingly popular methods for resolving conflicts in both family law and estate and trust litigation. Mediation can help parties come to a mutually beneficial agreement without the need for a lengthy court battle. In both areas of law, mediation and arbitration (submission of a dispute to a private party who resolves the dispute by making a binding decision) can sometimes be faster, less expensive, and less adversarial than traditional litigation.
3. Legal Documentation
Both family law, and estate and trust litigation, often involve detailed documents and disputes that result from interpretation or violation of the terms of those documents. In family law, this may include documents such as prenuptial agreements, postnuptial agreements, custody agreements, and divorce settlements. In estate and trust litigation, such documents may include wills, trusts, and powers of attorney.
4. Family Dynamics
In both family law, and estate and trust litigation, it is important to understand family dynamics and how they may impact legal proceedings. In family law, the relationships between parties (certainly divorcing parties, but often children or grandparents as well) may be strained or contentious, which can make communication and cooperation very challenging. In estate and trust litigation, the distribution of money and property may lead to tension among family members who have different ideas about how assets should be distributed or what the deceased person truly intended. Occasionally the disputes are not even really about the money and property, but rather about jealousy or unresolved grudges and arguments going back years or decades.
5. Advocacy
Family law, and estate and trust litigation, require skilled advocates to help parties navigate the courts and find fair solutions. Occasionally there is no settlement between the parties and a third party (judge, jury, arbitrator, etc.) must become involved to conclusively resolve the dispute for them, which can be both risky and expensive.
Regardless, attorneys in both areas of law must understand the complex nuances of the law and be able to effectively communicate with clients and other parties involved in the case. They must also be able to advocate for their clients and help them achieve their desired outcomes while keeping in mind the emotional complexity and family dynamics involved.
Matt House can be contacted by telephone at 501-372-6555, by e-mail at mhouse@jamesandhouse.com, by facsimile at 501-372-6333, or by regular mail at James, House, Swann & Downing, P.A., Post Office Box 3585, Little Rock, Arkansas 72203.