A Surrogates Court Settlement Conference is an opportunity for the parties involved in an estate dispute or estate litigation to resolve their differences outside of a full trial.
These conferences, typically scheduled by the Court, or occurring on the return date of Citation, encourage parties to negotiate and reach an agreement with the guidance of the court attorney, or, sometimes, the Surrogate..
What is the Purpose of Surrogates Court Settlement Conference?
The primary goal of the Surrogates Court settlement conference is to encourage the resolution of the contested issues. Whether the dispute concerns the validity of a Will, the distribution of assets, or a fiduciary accounting, the Surrogate’s Court hopes to avoid a lengthy and costly trial by guiding the parties toward a mutual settlement.
Who Attends the Surrogates Court Settlement Conference?
In most cases, the settlement conference is attended by:
– Parties to the Dispute: This may include heirs, beneficiaries, executors, administrators, or trustees.
– Attorneys: Each party is generally represented by their attorney, who will negotiate on their behalf.
– Court Attorney or Surrogate: Depending on the court, the Surrogate’s Court settlement conference may be presided over by a court attorney or the Surrogate, who oversees the discussions and may provide input on the merits of each party’s case.
How Does the Process Work?
– Pre-Conference Preparation: Before the Surrogates Court Settlement conference, attorneys may submit documents, including settlement proposals and statements outlining their positions to explain the narrow issues in dispute.
– Opening Discussions: The court attorney often begins by outlining the issues in dispute and reminding the parties of the benefits of settling. Each side may also present a brief summary of their arguments and what they hope to achieve.
– Negotiation: Once initial statements are made, negotiations begin. These discussions can occur directly between the parties and their attorneys or in separate, private meetings where the court attorney or judge shuttles between rooms, discussing settlement terms with each party individually.
– Judicial Input: While the judge or court attorney cannot force a settlement, they may offer their perspective on the case, including what they believe would be a reasonable outcome should the case proceed to trial. This input often plays a key role in pushing parties to compromise.
What are the Possible Outcomes at a Surrogates Court Settlement Conference?
– Settlement: If the parties reach an agreement, they may draft a settlement agreement outlining the terms. The agreement can then be submitted to the court for approval.
– No Settlement: If no agreement is reached, the case will proceed with either discovery schedule or to additional motion practice, or to trial. The issues left unresolved at the Surrogate’s Court settlement conference will be adjudicated by the court, which can lead to a longer and more expensive process for all involved.
Benefits of Settling At the Surrogates Court Settlement Conference
Settlement offers several advantages, including:
– Cost Savings: Trials can be expensive, and settling early saves both time and money.
– Control Over Outcome: In a settlement, parties have more control over the terms and conditions, whereas, at trial, the decision is entirely in the hands of the court.
– Faster Resolution: Settling can bring a quicker resolution to the dispute, allowing heirs and beneficiaries to move forward with estate administration.
Conclusion
A Surrogates Court Settlement conference provides an essential opportunity to resolve disputes without the need for a trial. While not every case can be settled, many parties find that negotiating a resolution during the conference is a more efficient and effective way to manage estate disputes. Whether through compromise or continued litigation, the settlement conference is a critical step in the Surrogate’s Court process.
For more information, please contact NYC Probate Litigation, Guardianship, Probate, and Estate Planning attorney Regina Kiperman:
Phone: 917-261-4514
Fax: 929-556-2089
Email: rkiperman@rklawny.com
Or visit her at:
40 Wall Street
Suite 2508
New York, NY 10005
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