Consent Order Barred Aggrieved Party’s Breach Of Fiduciary Duty And Fraud Claims Against Co-Executors
March 11th, 2013
Sometimes parties have a hard time letting go of trusts and estates litigation even after that litigation has been settled. For example, we’ve seen trustees sanctioned for failing to sign releases contemplated by settlement agreements. We also often see settlement regret where a party tries to set aside or ‘undo’ a settlement. You’re probably more likely to see post-settlement disputes where, as part of a settlement, the parties agree to undertake some other obligations rather than just ‘walking away.’ Often, in estate litigation, those other obligations involve the transfer of property.
In Haney v. Camp, the Georgia Court of Appeals considered questions involving co-executors’ claims for attorneys’ fees in connection with enforcement of a consent order. The Georgia appellate court’s opinion largely involved various state law legal standards for awarding attorney’s fees. For us, we’re more interested in the underlying estate litigation and why one party to the agreement claimed they were wronged. (more…)