QUESTION

My wife (pro per) recently settled a probate case in ADR and signed the paperwork, now one of the other attorneys wants us to sign another release.

Asked on Feb 29th, 2012 on Wills and Probate - Arizona
More details to this question:
We signed an agreement in ADR. Now the Guardian ad-litem for my step-son wants us to sign another hold-harmless agreement indemnifying him and the fiduciary, and establishing that we will not slander them. They are threatening that if we don''t sign, they will let it go to trial and disregard the ADR settlement. Can they do this? If we already signed the agreement from the court, why do we have to sign another one from them?
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1 ANSWER

Laura Monte
Unfortunately, unless all of the parties agreed to have the ADR act as a final order of the court, under the probate rules (specifically Rule 29) exclude arbitration as being binding on all of the parties.  So yes, the guardian ad litem and fiduciary can take the case to trial if they so choose.  The two types of agreements, the hold-harmless and slander, are typical agreements that are utilized by guardians and conservators in probate court.  From the way your question was presented, it appears that the guardian and conservator are having you sign a separate agreement from the one agreed to at ADR, therefore it should not be a similar or same type of agreement as before. *The answer provided is for informational purposes only and does not create an attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C.* *Laura B. Monte, Esq. is licensed only in the State of Arizona, therefore any answers presented are based solely on Arizona case law, laws, and rules.*
Answered on Mar 05th, 2012 at 3:44 PM

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