Friday, October 20, 2017

Court rejects effort to avoid settlement agreement

Originally published by Michael Young.

In my experience, the vast majority of will contests and related estate disputes are ultimately resolved through settlement at mediation.  The motivation for settlement is driven primarily by several factors: The high costs of litigation.  Lawyers and expert witnesses are expensive.  In some cases, the estate may be responsible for the fees of the  lawyers on both sides; The uncertainty of the results.  Estate cases tend to be very fact specific and the outcome at trial may be determined by how jurors view the contestants on a personal level; The effects of litigation on families.  Litigation often pits family members against […]

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