Litigation Case Study: Inheritance Dispute & Delayed Settlement

Asset Protection Jun 07, 2024 NOELLE MINTO, ESQ.

Litigation – Being In The Courtroom

Courtroom dramas and legal stories are a popular staple of entertainment and ripped-from-the-headlines shows and films, but what is seen in media is rarely an accurate representation of how cases are resolved. In addition, the plethora of legal information on the internet (some accurate, much not) can create a false sense of expertise in a field that requires advanced degrees and considerable experience to hone an attorney’s skills. The result can be clients who unfortunately act against their own best interests.

Many lawsuits are launched out of a sense that a considerable injustice is being done that must be righted, with visions of vindication through a literal day in court. Taking legal matters through a trial, however, is an expensive, lengthy, and uncertain endeavor.

Noelle Minto, founder of NM Law Attorneys

The majority of civil cases are resolved through a settlement agreement, which involves compromise and may not seem as satisfying, but is much faster and less costly. It is the job of the attorney to advise their client when a settlement may be their best option, and then to negotiate the best possible agreement under the circumstances, using their professional judgment and experience.

A recent case is a cautionary example of what can happen when a client fails to heed the expert advice of their legal counsel.

Estate Litigation Outcomes: Added Delay, Needless Expense

Our client in this case was an older daughter who had acted as the caregiver for her parents and was disputing the terms of her father’s estate. Despite her efforts on her parents’ behalf, she had been disinherited by her father in favor of her younger brother. The siblings were estranged, and neither trusted the other.

Is Mediation Possible?

Representing our client, we participated in a ten-hour mediation over Zoom to negotiate a settlement agreement. The advantage to a settlement in this case, to both parties, would be avoiding the costs associated with prolonged litigation, which would only serve to reduce the value of the estate, which was an important factor in our settlement strategy prior to mediation. At the end of the mediation, we had worked out and documented the basic terms of the agreement.

Opposing counsel was leaving for a family vacation, so we had a “gentlemen’s agreement” that both sides were committed to working out the remaining kinks and finalizing the settlement when he returned to the office. The next morning, though, our client had buyer’s remorse and backed out of the settlement.

Against our advice based on our knowledge of the facts and the law, our client believed she could strike a better deal than the one we had hammered out painstakingly over many hours. We certainly would have been pleased on her behalf if it had. She ended up settling six months later, with a new lawyer representing her, for almost the exact same terms we had negotiated in the original mediation.

The Stress of Legal Fees

The additional legal fees she paid, as well as the stress and anxiety she experienced through another six months of litigation, gained her nothing—and it all could have been avoided had we been able to complete the original settlement agreement. Instead, her impulsive decision ended up being an expensive way to confirm that our judgment of what was possible in her case had been correct.

Expertly Advocating for You in Inheritance Disputes, Probate Stress and More…..

Inheritance disputes are always difficult, as they involve conflict between family members at a time of grief. The strong emotions that accompany loss and estrangement can influence decision-making in a way that is ultimately detrimental to a client’s best interests. An experienced estate litigation attorney ideally serves as a vigorous advocate for your rights as well as a clear-headed advisor who pursues the strategy that will produce the best possible result for you, without avoidable expense or delay.

At NM Law Attorneys, our expert estate litigation law attorneys have the experience to guide you when disputes are unavoidable. We keep your best interests front and center throughout the process of negotiating a settlement or pursuing litigation to produce the optimal outcome possible. If you need an attorney you can trust to act for you in an estate or trust dispute, contact NM Law Attorneys for a consultation today.