Legal Question in Wills and Trusts in California
Brother cashed trust check but still sued me regarding my father's trust.
My father died April 15, 2000. He had a will and trust. In February 2000 he asked his insurance agent (who also acted as his estate planner)to change his trust. My father told me that he gave my brother $1,000.00 and that he gave me the rest of the trust, which mainly encluded the house.
When my father died, I could not find the changed part of the trust and my brother was asking for his copy of the trust. Once I found the trust I noticed that the Exhibit C, which addressed the beneficiaries of surviving trustor, was printed in a different font and was not signed. I gave my bother a copy of this trust. Weeks later, I sent him a check for $1,000.00 and a letter stating that this check was for payment for the trust. My brother cashed this check but then turned around and is sueing me for 1/2 of my father's estate. My attorney has yet to explain to me why my brother can cash a check which acknowlegded payment from the trust, but still sue me. Also, what is the statute of limitation as to when my brother can sue me?
3 Answers from Attorneys
Re: Brother cashed trust check but still sued me regarding my father's trust.
Since you are represented by an attorney who has all the facts, it would be unethical for another attorney to respond to your question.
You should ask your attorney.
Re: Brother cashed trust check but still sued me regarding my father's trust.
If he didn't sign a release of claims, he may still have the right to sue. Also, was a notice of change in trust sent to him? If so, that starts the clock running on how long he has to sue the trust.
Re: Brother cashed trust check but still sued me regarding my father's trust.
It used to be a practice years ago to put a statement on a check that this check satisfied all the money due and owing between the parties. The check being less than the sum due and owing. The legislature changed the law, and now that isn't sufficient to extinguish a debt between the parties. Without some declaration on the check or on another instrument. Cashing the $1,000.00 check didn't effect your brother's right to recover his share of the estate. Any lawsuit should name the insurance agent who was practicing law without a license. You would do this by a cross-complaint. Discuss this with your attorney. He/she has all the facts. This advice is going to be better than the advice of attorney(s) on a free legal web site.
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