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1 Pepp. Disp. Resol. L.J. 255 (2000-2001)
Mediation of Probate Matters: Leaving a Valuable Legacy

handle is hein.journals/pepds1 and id is 265 raw text is: Mediation Of Probate Matters: Leaving A Valuable Legacy Lela Porter Love' Professor of Law, Benjamin N. Cardozo School of Law A death in the family and dispositions in wills can cause conflict, often coupled with grief. The following story is an example of this phenomenon. A mother dies leaving her son 80% of her residuary estate. Her daughter. who believed she was going to receive 50% of the estate, contests the will The son claims that their mother changed the will to compensate the son for his care during the prolonged illness leading to the mother's death. The daughter, who was geographically distant, felt that her brother froze her out of family matters and now is taking her inheritance too. The dough. ter feels that the will reflects that her mother did not love her equally and that her brother, by failing to keep in touch, distanced her mother from her On the other hand. the brother feels that he was abandoned by his sister and saddled with enormous respon. sibilities in taking charge of his mother's affairs. His marriage fell apart during his mother's illness, and his sister never even acknowledged the hardship he endureL Now the brother and sister are fighting over what she should receive under the mother's will2 If this matter is resolved in court through an adversarial proceeding, the con- test will waste considerable assets that could be enjoyed by the brother and sister. Perhaps more alarming, from the mother's point of view if she could follow the events after her death, litigation will result in animosity and es- trangement between her children. Not only have these siblings lost their mother, they will be on their way to irrevocably losing each other.3 1. Lela Porter Love directs the Kukin Program for Conflict Resolution and the Mediation Clinic. Many thanks to Susan Gary for inspiring this paper and to Patty Popov. Hope Winthrop and Isabel Miranda for their interest and thoughtful suggestions. 2. This hypothetical, developed by Professor Susan Gary. was used at the annual meeting of the A.A.L.S. on January 7, 2000, for the Joint Program of the Sections on Alternative Dispute Resolution and Donative Transfers, Fiduciaries and Estate Planning. The hypothetical is based on Larson r. Naslund, 700 P.2d 276 (1985). 255

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