Settlement of Estate Contest?

Illinois I am party to a contested estate. Though I have done nothing wrong or illegal, I am tiring of the stress and expense associated with the ongoing litigation. The estate is being contested by a disinherited child of the decedent, and I am the estate administrator as well as sole beneficiary of said estate. The disinherited child is trying to get some of the money from me in essence as I am the one who inherited all of it. The child has thus far not opened the door to a possible out-of-court settlement and neither have I. However, I was wondering if it is possible to settle an estate contest case out of court? Is it advisable? Is opening the door to a possible settlement tantamount to an admission of guilt or wrondgoing (OF WHICH THERE TRULY WAS NONE). Truth be told, I actually feel a bit sorry for the disinherited child, and I also want to move on with my life. To me, this case seems like it could go either way, though I'm told by most that I am the most likely victor as I am the legally named beneficiary in the estate documents and due to the fact that there is essentially no truth to the allegations being presented by the disinherited party. Long story short: I'm looking for any advice concerning the advisability of settling this type of case and any tips for the best way to go about it if I ultimately decide to attempt a settlement. Thank you very much for any information!

Of course it would be possible to have an out-of-court settlement done in this matter. How much is the disinherited child asking for and how much are you prepared to give him and how much are you getting from the estate?

The probate attorney or business law attorney can help you draw up the document for the settlement, and it usually will contain some type of phrase that covers your concern that it is not an admission of guilt or wrongdoing. If you already have a probate attorney you should be discussing this with him/her. Settling can be a wise way to go to avoid expensive future legal expenditures, but you have to work the numbers to figure out whether it would be best for you--how much are you willing to pay out compared to how much are you being charged in legal expenses to defend yourself in the will contest?

How is this disinherited child related to you--is it a brother or sister that you have known for a long time or is it a stepbrother or stepsister or is it someone completely unrelated to you? Why did the decedent disinherit this person?

DANDY DON IN OKLAHOMA ([email protected])

Reply to Dandy Don-more info

The disinherited child is a biological child of the decedent who was disinherited for certain things they had done to anger/disappoint the decedent over the years. As it is now, the disinherited child is entitled to NOTHING from the estate. They are fighting to get HALF of the estate which is the most they would be able to attain in a best case scenario for them. I am currently the full, legal beneficiary, so if I lose this case, I stand to lose half of my inheritance. I am a blood relative of the decedent and the disinherited child. I might be willing to give the disinherited child anywhere from 25% to 33% of the estate, which I see as very generous considering that the decedent was clear about wanting the child to have nothing. I also see a 25 to 33% settlement as a win for both of us as it allows the child to have significantly more than nothing (and not too much less than the 50% they'd get if they were lucky enough to win) and allows me to retain significantly more than the 50% I'd have left in the event I lost the case. In a way, we both win. Any further comments in light of this additional information would be greatly appreciated. Thank you again!

Is there language in the will or trust that specifically disinherits this child and that also mentions his exact name? If so, then you are in the strongest position to win and don't need to be concerned about losing since the decedent's intentions are clear.

Make sure you consult with a local CPA or tax accountant to find out if you have any federal or state tax liability from the money you will be getting from this.

It does appear as if settling is the smart thing for you to do and the kind thing to do as well, since parents really do have an obligation to leave something for their kids. Better for the kid to get something than paying it to an attorney for legal fees in an ongoing mess.

More info!

Thank you for the continuing replies, DandyDon. The estate documents of the decedent do specifically name the disinherited child and indicate that they are to receive nothing. However, this is via an amendment, and in the original pre-amended document, the disinherited child was originally slated to inherit half of the estate. The decedent had a change of heart in light of problems that occurred with the child. Furthermore, the decedent was elderly at the time they executed the amendment (and the original trust as well) and so the disinherited child is alleging testamentary incapacity and undue influence in order to contest. Both claims are absolutely false and there are many witnesses and much evidence to bear this out. Additionally, the child was not anywhere geographically near the decedent at the time any of the documents were executed, so their theories of what happened are all based on speculation and circumstantial evidence. I am angry at the child for trying to smear my reputation as well as that of the decedent, but I can see why they feel the need to try anything to get their hands on the inheritance. (What child wouldn't be angry and desperate in this situation?) I would rather see some money go to the child rather than to our lawyers, but they really don't deserve it based on how they treated the decedent and the rest of the family. If the child is able to successfully raise the presumption of undue influence based on circumstantial evidence, how difficult would it be to prove to the judge that no undue influence really occurred? What types of evidence work best to counter presumptions of undue influence? Will the judge be biased toward assuming it did occur and that the child should get something simply by virtue of being the biological offspring of the decedent? I appreciate the ongoing feedback!

Depending on the amount of the estate, I would fight it. This disinherited child will most likely get nothing since the Will states so.

I wonder if this child does contest and loses, do you have an option to counter sue for legal expenses? Maybe deter him/her away.

I know several people who have left their children purposely out of the Will and they got NOTHING and couldn't do anything about it.

It seems to me that this child is fishing by trying to contest the Will on grounds of arm twisting and being old when she was left out. My uncle is trying that crap on us in which he as no case. It's very hard to prove.

Trent