Contesting the Household Estate


Book Description

The internal dynamics of peasant households are an important factor in the adoption of modern agricultural techniques and hence in the survival and productive power of the peasantry. This anthropological study of a Brazilian peasant community shows that the "household estate," the commonly held property of a family, is contested between parents and children. While parents depend on the "estate" for their old-age subsistence, children hope to draw from it their traditional wedding gift of land which will provide them their livelihood. In many peasant households a silent struggle is waged over the "estate's" division. This leads to various types of production relations between parents and married children. Moreover, conflicting interests between generations are a point of "commoditization" of social relations, with important implications for peasant agriculture. Further, the position of the peasant movement is discussed, as well as its policy proposals for fostering peasant agriculture. Peasant agriculture could certainly expand into modern sectors of agriculture. But if these proposals are to be effective they must allow for the peasantry's system of inheritance and old-age care.




The Family Fight


Book Description

In this book, experienced Wills and Estates lawyers, Barry Fish and Les Kotzer, provide insight and strategies to help you plan to avoid inheritance disputes using a plain language, tell it like it is approach. The Family Fight: provides strategies and suggestions to avoid inheritance disputes and help keep your family united; explains complex legal terms in plain language; can help open a line of communication between parents and adult children; helps organize your affairs so that you don't leave a mess for your family; and presents real life family fight stories. It shows you: how one or two words in a will can tear apart a close family; how to deal with your personal items; what it really means to own something in joint ownership; and what you should not assume when planning your affairs.




How to Divide Your Family's Estate and Heirlooms Peacefully and Sensibly


Book Description

How to Divide Your Family's Estate and Heirlooms Peacefully and Sensibly is a must-have resource packed with practical expertise and a fair, equitable process for dividing personal property within a family estate. From how to minimize fighting and manage the emotional roller coaster that comes with a loved one's loss, to understanding legal responsibilities and suggestions for executors, this guide offers solutions based on decades of experience in working with families and estates coast to coast. This guide is a must-read for every family challenged with dividing an estate and not wanting the family to divide in the process. This guide includes practical problems and solutions, and many helpful resources.




Avoiding Cain and Abel Probates


Book Description

You have the power to keep your family from fighting over your estate! Families fighting over estates; it's so common that it is hard to find someone who has not been impacted by these types of conflicts. Hurt feelings, estrangement, and alienation of family members often happen after an estate fight in a family that previously was close and harmonious. In this book you will learn: -Why these estate fights occur-How the right kind of estate planning prevents fights-How to anticipate conflicts and nip them in the bud-How to turn potential fights into opportunities to express love-What can be done to strengthen family ties with your estate Author Stan Butterfield is a probate attorney that has on a personal or professional basis been dealing with estate conflicts for decades. Stan will explain how his own family was disrupted by an estate fight and how this motivated him to find a method for peaceful transfers of estate property. Keep your family from fighting--buy this book today!




Mediation for Estate Planners


Book Description

An important new resource for attorneys to assist clients in resolving - and avoiding - disputes in an estate planning practiceEstate planners and elder law practitioners are increasingly aware of the availability of mediation as a tool for resolving family disputes. Probate courts around the country are increasingly interested in encouraging parties to try mediation before resorting to litigation. But by the time a dispute reaches the probate court, damage to family relationships may have already occurred.Mediation for Estate Planners: Managing Family Conflict provides the basic tools to understand and employ mediation within an estate planning practice and appreciate the usefulness of these alternative dispute resolution processes. Written by a team of experienced attorneys and mediators, this book can assist lawyers in recommending mediation to clients, either at the planning stage or soon after a dispute surfaces, so that families may be able to resolve disagreements before entrenched positions are established.The issues discussed in this book range from drafting mediation clauses for estate planning documents to using mediation to resolve probate and trust disputes; from bringing in a consultant with mediation training to addressing family business succession to assisting families dealing with guardianship and conservatorship issues; and from using mediation in hospital settings when families face difficult end of life decisions to using mediation to work through disputes between trustees and beneficiaries; and more.Topics are organized in these sections for ease of use and reference:Understanding the essential elements of mediationPractical perspectivesSpecific applications in the estate planning and administration contextMediator as consultant: family business succession planningArbitrationResources for practice, including a Tool Kit, bibliography, and more




Contesting a Will without a Lawyer


Book Description

Wills and estates matters can be complex and emotional. Many people feel that whatever has happened to derail an estate is the result of someone acting in a way that is selfish, greedy, or even criminal. Sometimes someone wants to stop abuse or fraud, or simply ensure the deceased’s wishes are carried out. Perhaps financial support from the estate is warranted and not received. Often, these types of issues need to be brought before the courts to be resolved. Contesting a Will without a Lawyer: The DIY guide for Canadians not only informs the reader of the types of lawsuits that touch on estates matters and what is involved in each to help with the decision of whether or not to sue over an estate dispute; it is also for those who decide to go ahead with a lawsuit on their own, to help them navigate paperwork and the court system. It answers questions such as: • What are the legal grounds for contesting a will? • What are the pros and cons of starting a lawsuit about a will? • What evidence will I need and how do I get it? • How long does it take? • Are there steps I should take before starting the lawsuit? • What forms do I need and how do I use them? • Do I need a lawyer or can I handle this myself? • Will the estate or the other side cover my costs? Author and lawyer Lynne Butler offers factual and straightforward explanations in this indispensable book for anyone considering estate litigation. The download kit contains: • Statement of Claim • Caveats • Checklists to help you on your way — And more!




Understanding Living Trusts


Book Description

Written in clear, conversational English, this book can help anyone understand how a living trust avoids the complications, expenses, and delays of probate at times of incapacity and death.




Model Rules of Professional Conduct


Book Description

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.




Mediation for Estate Planners


Book Description

This is an important resource for attorneys and related professionals to help their clients in resolving - and avoiding - disputes that occur in the estate planning process. Written by a team of experienced attorneys and mediators, Mediation for Estate Planners provides the fundamental knowledge and basic tools employ mediation within an estate planning practice. It provides practice-proven guidance on recommending mediation to clients, either at the planning stage or soon after a dispute surfaces, so that families may be able to resolve disagreements before entrenched positions are established. The book considers all relevant issues involving the use of mediation in an estate planning practice, including drafting mediation clauses for estate planning documents; using mediation to resolve probate and trust disputes; addressing family business succession; guardianship and conservatorship issues; using mediation in hospital settings when families face difficult end of life decisions; working through disputes between trustees and beneficiaries; and more.




Estate Planning 101


Book Description

Discover the ins and outs of planning your own or your loved one’s last wishes with this easy-to-understand guide to estate planning. No one likes to talk about death, but being prepared for any unexpected tragedy can help your loved ones navigate your loss more easily in the long run. From creating your advanced medical directives to designating your beneficiaries, estate planning can ensure that your wishes are carried out when you are no longer around. With Estate Planning 101, you can get your affairs in order before any unfortunate incident occurs. This easy-to-understand guide comes with detailed information on what needs to be done to protect your estate. With information on creating a living will, minimizing estate taxes, choosing an executor, and more, you will be prepared for the future, no matter what it brings. Estate Planning 101 offers you step-by-step instructions and checklists to keep you organized for whatever life throws your way.