Written by Jeffrey Skatoff • August 29th, 2016
Brian Spiro and the attorneys at Clark Skatoff successfully resolved a probate and trust dispute by providing a tremendous result for their clients. On behalf of the Decedent’s intestate heirs, challenges were raised to three (3) wills and four trust (4) amendments. Every such document needed to be invalidated in order to prevail. An uphill battle to say the least. Mr. Spiro gave a 110% effort in order to achieve a result equivalent in percentage to his effort. In short, Mr. Spiro was able to provide his clients a recovery approximately 10% greater under the settlement than his clients could have achieved had they been successful in trial.
There were challenges throughout the litigation. Two cases were opened. A trust action challenging the validity of the Trust and its successive amendments on undue influence and lack of capacity grounds. Similar challenges were asserted to a series of Decedent’s wills in a probate dispute.
After an unsuccessful mediation, Mr. Spiro and the attorneys involved in the dispute were able to resolve the matter through less formal channels. That resolution was of great benefit to the clients who realized a result far greater than their best day in Court.
I asked Mr. Spiro to explain how he could have achieved more in settling a case than in winning a case at trial. “Superior preparation of my case, a better understanding of my case, and a mastery of the law of undue influence and lack of capacity were the keys to this great result. I also had a great set of clients who allowed me to build my case as was necessary to show the other side that they had a significant chance of losing at trial.”
Brian Spiro is a Florida probate lawyer who handles contested probate, trust, inheritance disputes and real estate matters throughout Florida. Mr. Spiro may be reached for a free consultation at (561) 842-4868.