Judy Barber & Frederick Hertz, Mediators
Caring.com Expert
Judy Barber, a mediator and family business consultant, assists clients in resolving overlapping family and money conflicts so they are better able to make sound estate planning decisions. A founding member of the ABA Committee on the Psychological and Emotional Issues in Estate Planning, she is also a licensed family therapist. More information about Judy can be found at here.
Frederick Hertz is an attorney and mediator who specializes in resolving co-ownership matters involving families, siblings, spouses, cohabitants and domestic partners. Fred is also the co-author of Nolo Press’ Legal Guide for Lesbian & Gay Couples and Living Together: A Legal Guide for Unmarried Couples. More information about his work can be found at here.
Judy and Fred co-mediate family property and financial conflicts, and each work individually as mediators as well.
Recently Published on Caring.com
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Your question raises issues that frequently arise in families. It appears that your father appointed your sister as his power of attorney – though interestingly, you speak...
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In most states you are not allowed to bill for this time spent under a DPOA. If your mother in law had set up a trust then it might have been possible to compensated for y... -
I think my mother is being unfair with the distribution of her property, what can I do? — Oct 21, 2011This is a very difficult situation, as it raises all sorts of issues about your family, your relationship to your siblings, and how your mother is addressing your very diff... -
Does inheritance left to my husband pass to me in his death? — Oct 18, 2011The answer totally depends on what the will says and what the legal rules are in your state. There is no universal answer, so you will need to get a copy of her will and b... -
We understand that your dad does not want contact with your brother. But here is the question we would ask of you: what kind of a relationship do you want with your siblin... -
The answer to this question depends on two factors: what precisely does your ex-husband's will say, and what is the law in your state regarding an heir who predeceases the ... -
We can't answer your question because we don't know what the will actually said. If it allowed the executor to dispose of the personal effects however they saw fit, then t... -
The situation you are facing is, unfortunately, all two common with “blended” families such as yours. Your father had two sets of children, one from each of his marriages,... -
Every state has its own probate rules, and you will need to set up a court probate to gain permission to sell the house. As part of that process, the court will issue a ne... -
Does my husband have any rights to my inheritance? — Sep 30, 2011This answer totally depends on the marital law rules of your particular state, and what (if any) agreements you and your husband have. And, it also depends on the "state" ... -
Every state has its own rules, both for the filing of the will and the processing of the probate. Each state has its own rules for notifying creditors, and for settling th... -
How do I tell my sister I don't think the caregiving situation with our father is financially fair? — Sep 19, 2011You are in a tough spot and the issue of fairness is not just about your sister. It is important to keep in mind that your father also has a role in the lack of financial f... -
When my mother dies, is there anyway for my sister and I to receive the inheritance we deserve? — Sep 19, 2011A family conflict over an inheritance likes yours is excruciatingly painful. You have good reason to feel that you have been betrayed. It seems as though your sister disho... -
Convincing your sister to sell the inherited assets may be difficult because the two of you experience your relationship to your parents’ things so differently. Consider p... -
Do we need to go to probate court? — Aug 26, 2011California Probate Code Section 850 allows a variant approach, called a Heggstad Petition (named after an appellate decision in a case involving a family named Heggstad), w... -
This is not a simple problem at all, and it is far too complex for us to answer in this format. We've often seen such conflicts arise after the death of a parent, and th... -
Is there a way to get around gift taxes on inheritance? — Aug 19, 2011You are confusing the rule for gift tax reporting and the rule for gift tax payments. Under current law anyone can give away up to $13,000 per year to any person, without ... -
If someone who is supposed to receive an interitance dies, who gets that part of the inheritance? — Aug 19, 2011The answer to your question depends on the specific language of the will, and the rules of inheritance of your state. You will need to consult with an estate lawyer in you... -
The answer to your question depends on how the power of attorney was drafted. Sometimes they include the right to sell a house, and sometimes they don't. Your neighbors s... -
Is my sister-in-law has durable power of attorney for my brother, what does happens to my mom's estate when she passes? — Aug 02, 2011A power of attorney, even one that is durable (i.e. remains in effect after the person is unconscious or incompetent) is no longer effective once the principal (the person ... -
Can you legally prevent someone from receiving inheritance if they lived off their parents? — Jul 29, 2011It probably doesn’t feel fair that your wife’s sister, shares equally in the inheritance. She lacked a work ethic and relied on the parents to provide necessities. Unfort... -
There is no universally correct answer to your question. Once you become the owner of the property, either through a probate or a trust administration, you will need to co... -
You are in a sticky situation there and you are asking all the right questions --but this is not something we can answer for you. The answer depends on the precise languag... -
Can I reduce my sister's share of the sale of mom's home because of the legal expences she has caused me? — Jul 15, 2011It is unlikely that you could do what you would like to do here. A dispute between the two of you over the restraining order and its legal costs is not really part of the ... -
Is there a cost for lawyers to execute a will? — Jul 15, 2011There is no universal answer here. Every state has its own rules on what must be done in a will and in what instances a probate court process is required. You will need t...
