Confidential
Settlement – $0Facts
Decedent left three wills, dated 1981, 1985 and 1986. The 1981 will made relatively small bequests to her grandchildren and daughters-in-law, with the bulk of the estate to be evenly divided between her two surviving children. As her mental health subsequently allegedly deteriorated, her son initiated conservatorship proceedings. Decedent's 1985 will made similar bequests, but added a small bequest to her son, leaving the bulk of her estate to her daughter. The 1986 will included similar bequests, except that the bequests to her son was increased, her daughter's share was decreased somewhat, and each of three charities was left equal shares of the residue of the estate. Decedent died on July 9, 1996. The 1986 will was offered into probate. Decedent's son contested that will on Dec. 5, 1996, on the basis of his late mother's alleged lack of competency to execute a will, and his sister's alleged undue influence over her. On March 12, 1997, the son filed a petition for admission of the 1981 will.
Settlement Discussions
The plaintiff demanded $_______________. The defendant offered $______________.
Result
Decedent's daughter took the position that she had the least to lose if the matter were litigated, since under none of the versions of the will would she receive less than + of the residue of her mother's estate. The three charities realized that only under the latest version of decedent's will would they receive any money, so they agreed to accept the son and daughter's offer. The settlement reached by the parties confirmed the specific bequests in the 1986 will, provided for payment of a total of $75,000 to the charities and provided that the son would receive 37.5 percent and the daughter 62.5 percent of the estate after payment of all taxes, debts, commission, attorney fees and other expenses of administration.
Other Information
The settlement was reached approximately 11 months after the contest was filed. MEDIATION: Two mediations were held in September and November 1997, before Deborah Rothman of AAA resulting in the reported settlement.
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