In recent years, estate planners have started to include clauses in wills and trusts that mandate the use of mediation or arbitration if there is a dispute after the trustor's death. Because these clauses are a new technique, however, there is little legal guidance on their enforceability. Clients should nonetheless discuss this option with their estate planners.

Conclusion
Although there are no guarantees that careful estate planning will prevent litigation, there are a number of ways to minimize the risk of litigation or attempt to resolve disputes out of court. Careful estate planning means using a qualified lawyer, being open and honest in the planning process and paying particular attention to the selection of the trustee or executor.   

Robert N. Sacks is a partner with the Los Angeles-based trust and estate litigation firm Sacks, Glazier, Franklin & Lodise LLP.  He may be reached at [email protected].