Civil Litigation,
Family
Sep. 30, 2019
Smith v. Szeyller: If you snooze, you lose
The potential ramifications in conflicts involving trusts are significant
Glen M. Reiser
Judge (retired), Arbitrator, Mediator and Special Master
JAMS
Email: GReiser@jamsadr.com
Judge Reiser (Ret.) is a mediator and arbitrator at JAMS, also often serving as a court-appointed referee in trust, probate and conservatorship matters. He has had vast experience adjudicating trust and intra-family disputes as a neutral, a respected trial judge and as a litigator. He can be reached at GReiser@jamsadr.com.
A substantial percentage of trust and probate litigation involves one or more nonparticipating family members sitting on the sidelines, which forces the petitioning family member to absorb the cost and risk of "carrying the sword." Rather than litigating to create a common fund, what if the petitioning family member cuts a private deal that adversely impacts his or her relatives' inheritance rights?
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