I had a client die during the pendency of a collaborative law case. The
death was unexpected and sudden. The parties had separated and my client had
just bought a new condo and had only been moved in about 10 days at the time of
her death.
The death ended the collaborative law process, which had been a difficult
case to start with. The decedent's two college age sons from a prior marriage
had different financial interests than those of the semi-former spouse.
I opened an estate. We were lucky to get the condo resold without major
loss. The first husband and the two sons then asked to have counsel of their
choice take over the estate. To my knowledge it is still pending.
If the collaborative case had been going well, I believe that we could have
translated that attitude into resolution of the estate. I don't know how a
participation agreement could mandate that, however.
Tom H. Nagel
Columbus, OH
----- Original Message -----
From: mopatovsky
To: CollabLaw@xxxxxxxxxxxxxxx
Sent: Friday, July 30, 2004 6:00 PM
Subject: [CollabLaw] Termination on Death?
Has anyone experienced the death of one of the parties during the
course of the collaborative process? If so, how did you deal with
that - was the process terminated or did the executors want to carry
on? If they did want to carry on, did you draft a new participation
agreement or just extend or amend the original agreement? Would you
be willing to share any precedent documents with us? How successful
was the continuation of the process? As a matter of general comment,
what do any of you see as the theoretical and/or practical issues
arising in this situation? Thanks as always for your insights.
Marg Opatovsky
Niagara Collaborative Law Group
905-835-1163
905-835-2171 fax
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