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Florida Probate Blog

Posts Tagged: settlement agreement

Mediations and Settlement Agreements

Written by on Jan 6, 2009| Posted in: Estate Litigation

Third District Court of Appeals Opinion Serves as a Reminder to address crucial issues. A candid discussion between counsel regarding settlement and mediation is generally a good idea at some point in any type of litigation, especially will and trust contests and similar probate issues. Since these cases are almost always inter-family case, settlement should be attempted to try to keep the family intact. A good settlement is usually a division of assets that neither side particularly likes, but with which both sides can live. It is generally a good idea to include at least a discussion of these items in any probate settlement agreement: • A mutual release; • Determination of the validity of the will (if it is agreed that the will is invalid, then a prior will must be admitted to probate and the estate fiduciary must be appointed. If the will remains valid, the estate fiduciary […]

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