Case Study: An Inheritance Dispute and a Delayed Settlement
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. 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.
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.
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 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
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, our expert estate 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 for a
consultation today.
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