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Can a Court force a settlement on beneficiaries?
Anonymous7 views4 answers
PR has presented a settlement to the court over the disposition of some property; there was no directive in the Will to do so. There are 4 beneficiaries, 2 agree with the settlement, 2 do not. PR asked court to decide and said he favored the settlement. Can the 2 who do not agree be forced into this contract? Does article 1 section 10 of constitution get violated?
I don't see how constitutional law enters into this. If you are bound by the settlement I assume that you were given notice of the court hearing regarding the proposed settlement? You probably had an opportunity to object at that time? You may still have time to appeal the decision. You need to seek legal counsel for this ASAP- the time to file an appeal is very short.
Florida Statute 733.612 sets forth a list of transactions authorized for the personal representative, without the obligation of first obtaining a court order. Included among that list is the authority of the Personal Representative to satisfy and settle claims, and prosecute or defend claims. Arguably the PR could have settled the claim without court order but, by obtaining a court order he/she presumably provided you the opportunity to object if you wished to do so. I do not agree that there is a constitutional violation as you suggest.
I agree with Mr. O'Brien in that Fla. Statutes gives the PR the right to settle claims. Additionally the estate is within the jurisdictional purview of the court and therefore the judge is there to make a determination as to matters before the court. Depending upon what type of property the settlement deals with, could affect if the PR even needs to seek the court's authority and how the PR needs to seek such ruling. I advise you hiring an attorney right away so that they can make a more accurate determination of your rights in disputing the settlement.
Barbara June HuntingDivorce / Separation LawyerPalm Harbor, FL ·
As stated by my colleagues, the PR in Florida is given broad authority to settle matters involving the estate, including disposition of property when the Will does not specifically direct such. In this case, the PR sought the direction of the Court, and as with all types of disputes, the Judge is authorized to render a decision regarding the dispute. If you wish to challenge the Judge's ruling, you should consult with an attorney at soon as possible. I too, agree, that there does not appear to be a Constitutional issue here.
