Appealing a Motion to Approve a Settlement Agreement in Your West Palm Beach Probate Case

Is a settlement agreement being presented to the probate court in your Florida inheritance case? Have your estate lawyers discussed a possible settlement agreement with you that you disagree with? What if the probate court approves a settlement agreement that you do not think is in the best interests of the interested persons? If a motion to approve a settlement agreement had been granted by the probate court, and you believe that it was wrongly granted, you may need to file an appeal.  If you are looking to interview an appellate attorney, feel free to call us at (561)514-0900 Ext. 101. You may also want to read a November 28, 2018 Third DCA opinion, Brenda Nestor v. Estate of Victor Posner. 

Here, Brenda Nestor appeals an order granting a joint motion to approve a settlement agreement between the Estate of Victor Posner and the Pension Benefit Guaranty Corporation (PBGC). Nestor was the sole residuary beneficiary of the Estate of Victor Posner, and she served as the personal representative of the estate until she was removed for failure to comply with court orders requiring an accounting. The estate owed more than $38 million as a result of Posner’s failure to pay pension plan contributions that he owed. After Nestor was removed as personal representative ,The Estate of Victor Posner and the PBGC filed a joint motion to approve a settlement agreement that provided terms for terminating the pension plan and paying the obligations owed to PBGC. Nestor was the only objector. After the trial court held an evidentiary hearing, the trial court approved the motion. On appeal, Nestor argued that the trial court erred in approving the settlement agreement without competent substantial evidence. She also argued that the settlement agreement was not in the best interest of the interested persons. However, the 3rd DCA agreed with the trial court and found that the joint motion for settlement was properly approved. Why did the Third DCA decide the way they did? Click here to read the entire case and find out.