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Probate Lawsuit Mediated Settlements: What Can You Do if the Other Side Breaches?

Uncategorized Dec 12, 2015
post about Probate Lawsuit Mediated Settlements: What Can You Do if the Other Side Breaches?

Florida probate litigation can get expensive, just ask any Florida trust  lawyer. That is why more and more estate lawyers in Florida are endorsing mediation and other forms of alternative dispute resolution. I blog about alternative dispute resolution in probate lawsuits all the time. Has your probate litigation attorney discussed mediating a settlement? One question many clients ask is what happens if the other side breaks the terms of our settlement? You may still be able to get a final judgment in your probate lawsuit, check out this recent appeal to learn more. 

Mediated Settlements

  • Florida probate lawyers know that sometimes a settlement is better than a judgment from a judge or a verdict from a jury.
  • Do you know why?
  • For one thing sometimes people do not even pay the judgments meaning you have to go collect them.
  • This can require a whole other lawyer who is going to also cost money.
  • Florida estate lawyers like mediated settlements because they avoid the pain (and cost) of a Palm Beach probate lawsuit.
  • Are you considering settlement?
  • You may wonder, what happens if the other side stops paying.
  • You still have a right to get a judgment if they breach the mediation settlement.
  • Probate attorneys Florida will still file suit after a settlement is executed, if it is breached.
  • Want to learn more?
  • Check out this recent appeal the appeals court in West Palm Beach.

Aboumahboub v. Honig

  • This was an appeal following final judgment.
  • One party had failed to pay out pursuant to a settlement agreement so the other side went for final judgment.
  • The case was overturned because of other errors, namely that the default had been cured prior to the order being issued.
  • Florida estate lawyers and attorneys know that these settlements do have teeth and they are enforceable in Court.
  • You are not “giving up” when you settle a case, you are saving yourself heartache and money a lot of the times.
  • Furthermore you settlement is secured because you can enforce them in probate court.

Want to learn more?

Check out this entire case by clicking here. 

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