Legal Question in Wills and Trusts in California

arbitration of estate disagreement
My brother and I are cotrustees. It was difficult to come to an agreement over expenses during the settlement and we sought an attorney arbitrator. The decision of the arbitration was per contract final without recourse or rebuttal. Following the arbitration my brother continued to contact the attorney without my knowledge, the attorney accepted additional evidence without my knowledge, ruled on items not under dispute, did not rule on the time from when the trust was initiated as there was a life estate to protect the trust from capital gains and his ruling allowed expenses prior to my second parents death opening the trust up to capital gains. The attorney wrote a letter supporting his decision.Following my brother attempted to blackmail me to sign an inaccurate dispersement with false accusations of forgery and fraud and accused the attorney of not following due diligence in his decision and continued to contact the attorney without my knowledge.The attorney changed his initial decision following all of the above and stated that none of this had anything to due with his amendment. My brother then withdrew his accusation.What can I do at this point??

Asked on 1/17/08, 8:17 pm

Mitchell Roth MW Roth, Professional Law Corporation

0 users found helpful

0 attorneys agreed

Re: arbitration of estate disagreement

You can litigate the matter as a breach of contract re the arbitration agreement, i.e. the arbitrator exceeding his authority.

Answered on 1/17/08, 8:33 pm

Donald Field Donald L. Field, Jr., Attorney at Law

0 users found helpful

0 attorneys agreed

Re: arbitration of estate disagreement

Keywords

Match Any Match All

Country

State

Area of Law