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Florida Appellate Court Reinstates Mediated Estate Settlement Agreement

January 14, 2014

Authors

Luke Lantta

Florida Appellate Court Reinstates Mediated Estate Settlement Agreement

January 14, 2014

by: Luke Lantta

With any litigation, settlement can bring doubts, second thoughts and regret for the parties involved.  They may find themselves asking whether they should have given up what they did, could they have gotten more, or should they have taken their chances with a jury or judge.  Because estate litigation can end up being such an emotional roller coaster for the people involved, these feelings may be even more common for the settling parties and parties sometimes may try to ‘undo’ the settlement agreement.  In Pierce v. Pierce, a Florida trial court allowed a party to rescind a mediated estate settlement agreement, but then a Florida appellate court reversed and enforced the estate settlement agreement.

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Jurisdiction To Enter Contempt Order In Fiduciary Dispute

July 9, 2013

Authors

Luke Lantta

Jurisdiction To Enter Contempt Order In Fiduciary Dispute

July 9, 2013

by: Luke Lantta

Settlement agreements settling trust, estate or probate disputes often contain language reciting that the trial court that heard the case retains jurisdiction to enforce an order approving the settlement agreement.  In Montgomery v. Morris, however, the Georgia Court of Appeals raised questions about the scope of such provisions in Georgia.

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Consent Order Barred Aggrieved Party’s Breach Of Fiduciary Duty And Fraud Claims Against Co-Executors

March 11, 2013

Authors

Luke Lantta

Consent Order Barred Aggrieved Party’s Breach Of Fiduciary Duty And Fraud Claims Against Co-Executors

March 11, 2013

by: Luke Lantta

Sometimes parties have a hard time letting go of trusts and estates litigation even after that litigation has been settled.  For example, we’ve seen trustees sanctioned for failing to sign releases contemplated by settlement agreements.  We also often see settlement regret where a party tries to set aside or ‘undo’ a settlement.  You’re probably more likely to see post-settlement disputes where, as part of a settlement, the parties agree to undertake some other obligations rather than just ‘walking away.’  Often, in estate litigation, those other obligations involve the transfer of property.

In Haney v. Camp, the Georgia Court of Appeals considered questions involving co-executors’ claims for attorneys’ fees in connection with enforcement of a consent order.  The Georgia appellate court’s opinion largely involved various state law legal standards for awarding attorney’s fees.  For us, we’re more interested in the underlying estate litigation

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