Trusts and Estates

Ca. Trs. & Estates Quarterly Volume 10, Issue 1, Spring 2004

FROM ROLES TO RULES©:† A NEW MODEL FOR MANAGING FAMILY DYNAMICS IN THE ESTATE PLANNING PROCESS

By John W. Ambrecht, Esq.*
Howard Berens, M.D.**
Richard Goldwater, M.D.***

I. INTRODUCTION

A. Family Dynamics and Estate Planning

Estate planning for families who own businesses and other significant assets often presents difficulties rooted in the family’s internal dynamics and psychological issues, which few attorneys are prepared to address. Even when such difficulties cannot be avoided, most attorneys focus exclusively on the financial and legal aspects of the estate plan. Unfortunately, this limited focus can permit family dynamics to distort or abort the planning process, or to generate an estate plan that is later contested in court.

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