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Miami Appeals Case, December 9, 2015: Learn Why You NEVER Sign a Settlement Agreement in a Probate Lawsuit Before Your Sure Its What You Want

Uncategorized Dec 9, 2015
post about Miami Appeals Case, December 9, 2015: Learn Why You NEVER Sign a Settlement Agreement in a Probate Lawsuit Before Your Sure Its What You Want

Florida probate litigation can be costly and time consuming and many  cases result in a settlement through Palm Beach mediation. Have you spoken to your Florida trust lawyer about potential mediation and probate mediators? Check out this recent case out of the Third District Court of Appeal to see how powerful a mediation agreement really is in a probate lawsuit. 

Mediation and Settlement

  • Estate lawyers in Florida know that sometimes a probate trial is necessary but that is not always the case.
  • Sometimes the case can be mediated and settled.
  • Who usually serves as the mediator?
  • Often times it is an experienced probate litigation attorney who will try to bring both sides to the table for a fair mediation.
  • Have you spoken with your Florida probate lawyer about potential mediation before you spend a ton of cash in a lawsuit?
  • I would caution you about any Florida estate lawyer who turns their back on mediation – they may be in it for the fees.
  • The truth is a lot of cases settle well before the jury gets involved.
  • The other truth of the matter is these settlement and mediation agreements are very powerful.
  • Do not sign a mediation agreement that you are not ready to live with.
  • In fact others may be bound by it too.
  • Check out this recent case out of the Third District Court of Appeal to learn what I am talking about.
  • Probate attorneys Florida know that before you enter into a mediation or settlement agreement you have to consider all angles.
  • This is one of the reasons why.

Akin Bay Company, LLC v. Kahle

  • This was a case out of the Third District Court of Appeal.
  • A party had been assigned the benefit of a contract through a non relevant transaction.
  • That party decided to sue based on the rights it got assigned.
  • Now, there was a problem because those rights had been altered after a mediation and settlement agreement.
  • So the company wanted to know, could they be bound by that settlement agreement?
  • Experienced Florida estate lawyers already know the answer, yes!
  • Think about this before you enter into a mediation agreement.

Want to learn more?

Check out the entire case by clicking here. 

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