Can a settlement be re-opened for question if I signed under duress?

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Can a settlement be re-opened for question if I signed under duress?

I signed off about a year ago to settle litigation after 8 months at probate court.The case was totally mismanaged; for example, my older sister hired 2 attorneys to control the estate money for her benefit). I received remainder of money in the checking account and older sister received all of money remaining in CD accounts. An unsigned Will did exist. The settlement was entirely unfair.

Asked on October 10, 2013 under Estate Planning, Massachusetts

Answers:

Nathan Wagner / Law Office of Nathan Wagner

Answered 10 years ago | Contributor

Duress means someone held a gun to your head or made a similar threat. Duress does not mean threatening to continue the court case unless you agree to settle it. The settlement may be extremely unfair, but the court will not allow you to re-open the case for that reason. There may be a way to re-open the case, but I cannot identify anything in your description of the situation that would let you re-open it. 


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