Legal Question in Civil Litigation in California
My sister signed a contract with my husband and I that when we would get our settlement money we would split the money into 1/3rds, one third each per person. Now she is claiming that she does not want to split the money, and since we took out the stock in her name (for conveinance only) the attorney who represented us says he has no choice but to put our 2/3 rds in an interpleader. Do we need an attorney to help us fight this interpleader? We don't have any money, and my sister already got part of her 1/3 to fight us on this. Can you give me advice on how to proceed, and what termanology to use to ask that she pay for any costs and attorneys fees for us to fight her on this interpleader?
2 Answers from Attorneys
If it's in the contract that you get attorney fees, you get them, otherwise not.
I'm confused on the math. You have a lot of thirds. Maybe I'm misreading what you are saying. You state the attorney is going to put the 2/3 in interpleader, and your sister already got her 1/3. What did the attorney get?
An interpleader is a special action where one person (the attorney) with property, in this case settlement money, who has competing demands for it from third parties (you and someone else), deposits into court and files suit against the conflicting claimants. Once the money is deposited, the person depositing the money is no longer involved in any actual dispute. The claimants who are fighting over the money are the parties, and they must prove their claims to it in court. If your sister already got her money, who are you fighting with?
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