Legal Question in Wills and Trusts in California
After a settlement is reach by both parties out side of the court system, how long does the party have to file a judement with the court to make the decision final? This was in family law court for a revision of a trust left after a woman's death.
2 Answers from Attorneys
Settlements normally do not result in judgments. The parties instead dismiss the lawsuit and sign between themselves a settlement agreement. That is done in part so that a person's credit rating is not adversely effected. You need to find out if a stipulated judgment is going to be entered or not.
You seem to be very confused about what your situation is. Mr. Shers is right that a settlement does not result in a judgment unless an action is taken to enforce it. If there was already a lawsuit going, and the settlement was "judicially supervised" then a judgment can be obtained by motion. If there was not a lawsuit already going, or the settlement was not "judicially supervised" then you have to sue to enforce a settlement, just like any other contract. On top of that, family law court would never be hearing a trust revision case after death of the settlor. That would be in probate court. All in all, I think you need to sit down face to face with an attorney who can help you sort out your situation and then make recommendations.