How is a family settlement handled? 5 Answers as of March 06, 2015

Estate opened in probate court, and I objected to the Final Order Settling Account and Final Distribution, and that lead to settlement agreement terms we described to the Judge. He agreed with the terms and told Executor's attorney to write them up. The attorney wrote up the terms as Part of the Final Order Settling Account and Final Distribution, but not in the form of a settlement agreement (which would show the signed agreement of the other beneficiaries). I asked him for a settlement agreement we would all sign, and he said, "If the Judge orders it, everyone has to follow the court order." I don't believe this is right, and so I am a seeking more opinions. Thank you!

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Law Ofices of Edwin K. Niles | Edwin K. Niles
Better practice would be to have a signed agreement, but ultimately it's the court order which is important. If the (proposed) order doesn't match the agreement, just file objections.
Answer Applies to: California
Replied: 3/6/2015
Irsfeld, Irsfeld & Younger LLP | Norman H. Green
If you are satisfied with the contents of the order, then let it be.
Answer Applies to: California
Replied: 3/6/2015
Danville Law Group | Scott Jordan
The attorney is correct. If the Judge orders it, it is final.
Answer Applies to: California
Replied: 3/6/2015
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
The attorney is right, as the settlement terms were put on record, and don't require signatures of the parties to the agreement, as long as the terms on the record are clear. You can file an objection with the court and request a hearing, but remember, this will be out of your share of the estate as far as extraordinary fees and costs are concerned if you lose.
Answer Applies to: California
Replied: 3/6/2015
James Law Group
James Law Group | Christine James
If it is a court order it has the same effect as a settlement agreement. You just need to make sure the Order says everything it needs to.
Answer Applies to: California
Replied: 3/6/2015
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