The Mediation Of Estate And Trust Disputes
ACTEC 2018 Mid-Atlantic Regional Meeting
By Fred Franke
Mediation is not “snake-charming”‘ or voodoo. Mediation … is not a seance. Mediation is not a
spiritual awakening, although resolution favorably impacts the spirit. Mediation is not ‘wimpy,’
‘touchy-fee ly,’ ‘or for the weak of heart.’ We do not sing songs at a mediation – although if it
would result in a resolution, I would play my guitar and sing. Eric Gaiton.
Estates and Trusts Family Agreements are Enforced in Maryland
The Maryland Court of Appeals has upheld an agreement by the Interested persons of an estate to distribute non-trust assets differently than provided in the will. Brewer v. Brewer, 386 Md. 183, 872 A.2d 48 (2005). The Brewer court upheld such a redistribution agreement stating that “neither the personal representative nor the court has any authority to disapprove or veto (such an agreement).” If the agreement is to be implemented as part of an Orphans’ Court proceeding, however, the agreement must be attached to an account or otherwise made part of the Orphans’ Court records.
Read the full presentation here.