Post-Trial Mediation Results in Favorable Settlement for Probate Client

Probate, Litigation

McManis Faulkner was retained after trial in this case. The client had agreed, in court, to a very unfavorable settlement before the announcement of a judgment in a long trial in which it seemed clear that the court would rule against her. McManis Faulkner brought a motion to set aside the unfavorable settlement on the grounds that the terms were insufficiently certain to be enforced under the law. The client’s stepchildren quickly moved to enforce the agreed settlement by seizing control of the two family ranches and the client’s home. After the unfavorable settlement was set aside, McManis Faulkner obtained a settlement at mediation in which the client was awarded one of the ranches and the seaside home.