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If You Learn One Thing From This Miami Appeal, It is MAYBE You Need an Arbitration Clause in the Trust Documents.

Uncategorized Dec 16, 2015
post about If You Learn One Thing From This Miami Appeal, It is MAYBE You Need an Arbitration Clause in the Trust Documents.

Are you about to set up a trust in West Palm Beach with a Florida trust  lawyer? Among your many goals should be avoiding expensive Florida probate litigation. Have you considered including a provision foralternative dispute resolution? Check out this multi-week jury trial that ended with an appeal to learn why ADR may be right for you. 

Alternative Dispute Resolution

  • Estate lawyers in Florida know that alternative dispute resolution is getting more and more popular in South Florida probate.
  • Probate litigation attorneys sometimes include these in wills and often in trust documents.
  • Florida probate lawyers know how expensive a probate trial can be.
  • One reality of this is that it can eat up trust funds or estate assets to the detriment of those who have a right to that money.
  • That means that the rightful owner can have it all eaten up as the wrongful party forces more and more litigation.
  • This is where alternative dispute resolution comes into play.
  • This allows for cases to move into arbitration or sometimes Palm Beach mediation.
  • Ask your Florida estate lawyer how this could help you.
  • If you are not sold on the idea check out this recent case.

Marriot International v. American Bridge Bahamas Inc. 

  • This was a huge multimillion dollar lawsuit based on failed tourism ventures in the Bahamas.
  • It was all linked to the failure of Lehman brothers after this country’s financial issues.
  • As a result a multi-week trial took place.
  • Do you have any idea how much that cost in lawyers and attorneys fees?
  • That could bankrupt an estate!
  • Probate attorneys Florida know that probate litigation can get heated and some parties may eventually go for the nuclear option, namely destroying all the assets through litigation.
  • Alternative dispute resolution can prevent this by putting rules in place before the dispute arises.
  • It is about forethought.
  • Have you talked to Florida estate attorneys about alternative dispute resolution?
  • If you answered no, my question is, why not?

Want to learn more?

Check out the entire case by clicking here. 

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