So here’s the typical scenario at the end of a successful mediation
Continue Reading When can a probate court “reform” a settlement agreement to fix a drafting mistake?
Using mandatory arbitration clauses to “privatize” inheritance litigation
The single most significant paradigm shift shaping the day-to-day reality of estate
Continue Reading Using mandatory arbitration clauses to “privatize” inheritance litigation
Can “unilateral mistake” get a probate litigant out of a settlement agreement?
We’ve all been there: you’ve been locked in mediation for hours and
Continue Reading Can “unilateral mistake” get a probate litigant out of a settlement agreement?1st DCA: power of attorney authorized execution of binding arbitration agreement
Post-mediation litigation triggered by settlement agreement’s fuzzy release clause
Sandra O’Neill v. Scher, — So.2d —-, 2008 WL 5352183 (Fla.
Continue Reading Post-mediation litigation triggered by settlement agreement’s fuzzy release clause
Can you compel a trust beneficiary to arbitrate a claim based on an arbitration agreement he never signed, but his trustee did?
Eichler v. Leshner, Slip Copy, 2008 WL 4459029 (M.D.Fla. Sep 29,
Continue Reading Can you compel a trust beneficiary to arbitrate a claim based on an arbitration agreement he never signed, but his trustee did?
2d DCA: Arbitration agreement upheld based on broad grant of authority in decedent’s power of attorney
Jaylene, Inc. v. Moots, — So.2d —-, 2008 WL 4181140 (Fla.
Continue Reading 2d DCA: Arbitration agreement upheld based on broad grant of authority in decedent’s power of attorney
George Washington on Arbitration of Probate Disputes
For no reason other than I find this bit of historical/T&E crossover
Continue Reading George Washington on Arbitration of Probate Disputes
Should probate litigants “opt out” of the public court system?
This letter from Miami-Dade County Chief Judge Joseph Farina was recently emailed to
Continue Reading Should probate litigants “opt out” of the public court system?