Breslin vs. Breslin – the perils to nonparticipation in estate litigation

In intra-family and probate litigation matters, there are often one or more unrepresented beneficiaries who choose not to litigate against their siblings, parent or stepparent, or children.  Trust cases are regularly ordered to mediation, and the non-participating beneficiaries fail to appear.  Under Breslin v. Breslin, subject to proper notice and court approval, the litigating beneficiaries are now free to discount or otherwise negotiate the claims or shares of those who fail to attend.  A discussion about how and why to protect your clients in trust and estate matters. 

Featured JAMS Neutral:

Hon. Glen Reiser (Ret.)