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Mediation will allow you to create an Estate Plan tailored to your unique family.
Today’s families are more complex
than in previous generations. For example, many of us are in second or
subsequent marriages, live together in a committed relationship without
being married, wish to leave our assets
to beneficiaries other than
our natural-born children, or have children with special needs.
Using mediation, you can design an estate plan that provides for all of
your goals and wishes and which also leaves a legacy of family harmony.
Couples in second, or subsequent, marriages:
Spouses may feel conflicted between leaving property to children
from a prior marriage and the current spouse, along with any children
from a new marriage.
At Peace Talks, we allow couples the opportunity to discuss openly their
intentions for all their children. The benefit of such open discussion,
facilitated by a Peace Talks mediator,
creates a forum to address not only logistical issues of asset distribution
but also the emotional side of it.
Significant others without marital relationship: Unmarried
couples usually have no legal right to inherit each other’s property.
Unmarried couples, whether lesbian, gay or heterosexual, have the right
to leave their property to whomever they want using a will
or a living trust.
California has passed a law providing unmarried couples with many of the
property inheritance rights
of married couples. [California Probate Code Section 21610] The couple must register their
partnership with the state in order to benefit from these new laws.
At Peace Talks, we understand the unique situation unmarried couples are
in regarding estate planning.
The benefit of creating an estate plan through Peace Talks mediation is
your ability to protect yourself and your loved ones from relying on state
laws for your asset distribution.
Unequal distribution of property: For example, parents may
want to leave property unequally between two or more children. Sometimes
a parent may want to provide more for one child who has special needs
or who is not as prosperous as another child. When discussed in
an open way, all the children may agree with and understand their parents’
intentions. However, when an estate plan is only discovered after
a parent has passed away, the children and other beneficiaries may be
unaware of the parents’ reasoning and may feel upset or resentful.
At Peace Talks, mediating an estate plan with all your family members
involved takes the secret out of estate planning. This allows all
members of your family to openly discuss and understand your intentions.
Peace Talks mediation allows you the opportunity to listen to your children’s
needs which may be different from what you thought they may be.
Long-term care for a child with special needs: Parents of
mentally or physically disabled children may wish to provide continued
care and support for those children. This may require that they
must leave the majority of their resources to their disabled child, leaving
less for any other children. Parents may need to consult with experts
in government benefits and other members of the family to create an estate
plan that will allow the special needs child to be provided for.
At Peace Talks, we can help you tailor an estate plan that provides for
your child(ren), while making sure that it also meet requirements for
receiving needed government benefits.
Leaving a legacy to a charitable cause: Parents may want
to leave money or items, or both, to non-profit organizations, institutions,
or specific charities. Often, such a gift to someone outside of
the family can be a surprise or met with mixed emotions by family members.
At Peace Talks, we allow your family members to discuss your intentions
and your motivations for such gifts. This insures that there are
no misunderstandings regarding your wish to leave a public legacy with
those that matter to you most.
Benefits of Estate Planning Mediation:
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