If you have been involved in a different type of lawsuit and are now in a probate lawsuit you probably have questions. A probate lawsuit in West Palm Beach has some similarities but many differences from a standard civil lawsuit. For example how do you settle a West Palm Beach will contest through a mediation agreement? Can the Court Order something contrary to the will if everyone agrees?
Mediation and Settlement Agreements
- It may shock you to learn but less than ten percent of cases in West Palm Beach actually make it to a civil trial.
- Most civil cases are settled in some form or another.
- This includes settlement through mediation.
- But how does a mediation agreement work in West Palm Beach probate lawsuits?
- If you are contesting the will it seems there is little to settle right?
- You think the will is not proper and you want it thrown out.
- Well there are still ways you can settle this.
- For example you may be able to come to a consensus on how the estate should be distributed and the Court may agree to enter an agreed order pursuant to a settlement agreement.
- This means you should take mediation extremely seriously.
- Do not be the person who signs a mediation agreement on Friday and is at the Court house on Monday seeking to invalidate it.
- Not only is the other side going to file a motion to compel settlement, you may end up the hook for attorney fees, if there is a provision in that agreement.
- Check out this recent case dealing with a mediated settlement following a will contest.
In re Estate of McCartt
- In this case the heirs of the decedent thought they were able to come to an agreement.
- After the decedent’s will was admitted to probate, five of her grandchildren contested its validity.
- Then came mediation.
- There the family members seemed to come to an agreement.
- The decedent’s three living children and all five grandchildren accepted a plan to distribute the assets and that plan was accepted by the probate court.
- So what went wrong?
- Then one relative who was not a party to the mediated agreement claimed she was entitled to a share pursuant to the settlement agreement.
- It just goes to show you, you have to take these settlement agreements seriously and that includes drafting them.
- Often these agreements are drafted while everyone is in the midst of mediation, that is a lot of pressure.
- Make sure to read the agreement later to look for any ambiguities, and straighten them up to avoid more issues on appeal.
Want to learn more?
Check out this entire case by clicking here.
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