What Does a Florida Probate Beneficiary Need to Know About Settlement Agreements? — July 29, 2015 Palm Beach appeal on “enforcing” Broward settlement agreement
In the middle of a Palm Beach probate fight? Maybe a Florida will contest or a will challenge or a Palm Beach will contest? Well, if you are, then you are probably going to mediation. Probate Courts in Florida typically send estate lawsuits Boca Raton to mediation. So, you may want to read a recent case which is a Palm Beach appeal of a Broward lawsuit involving a mediation and a Florida settlement agreement. It was just issued by Florida’s 4th District Court of Appeal inWest Palm Beach. The 4th DCA in Florida hears appeals for Broward and Palm Beach estate, trust, probate and business disputes.
What do I need to know about Probate & Mediations?
- A lot of beneficiaries to estate disputes say “I am not going to settle“
- And that’s fine
- But listen to what the mediator has to say when you mediate a Palm Beach estate dispute
- After all, you are being ordered to mediate the estate lawsuit for a reason
- A mediator is typically someone with a lot of experience in Palm Beach probates such as an estate lawyer Delray Beach or a retired probate judge
- So, give the process a chance
- Now, this recent, July 29, 2015 mediation and settlement agreement case out of Ft. Lauderdale has nothing to do with probate
- But it is worth a read to learn about mediation in Florida and settlement agreements….especially if you are involved in a probate lawsuit West Palm Beach
Mediate Settlement Agreements in Florida
- This case considers basic questions which come up over and over again in Palm Beach probate litigation disputes when you go to mediation.
- What happens when you think you have a deal but you don’t?
- What if there is a signed mediated settlement agreement Palm Beach but someone is not doing what they promised?
- Or, what if everyone will agree except one person….can you force someone to “take the deal?”
- Most probate lawyers West Palm Beach file a motion to enforce the mediated settlement agreement
- But, remember there are rules
- Florida Rule of Civil Procedure 1.730 (b) requires mediated settlement agreements to be in writing
- And signed!
- What happens if everyone agrees to settle the probate lawsuit but one person, won’t settle the estate dispute Florida?
- You can’t force someone to cut the deal
- A settlement agreement cannot be enforced absent signatures of all the parties
- The Palm Beach appeals court, in this recent case, cited the Dean v. Rutherford Mulhall PA case, 16 So, 3d 284 (Florida 4th DCA, 2009)
- In this July 29, 2015 Palm Beach appeal, the lower court which approved the settlement agreement was reversed by the appeals court
- The case is Gardner v. Wolfe & Goldstein PA, No. 4D13-4344
Want to Read More About Palm Beach Probate? Settlement Agreements?
- Here is a link to read —for free–the legal opinion from the 4th DCA on this recent Palm Beach appeal involved a motion to enforce settlement agreement:http://www.4dca.org/opinions/July%202015/07-29-15/4D13-4344.op.pdf