Legal Question in Wills and Trusts in California
I had been in a family trust case where I was seeking proof of expenditures by the trustees that are also my siblings as well as beneficiaries. My lawyer agreed to a mandatory settlement meeting that he never informed me was happening. I was actually scheduled for a 2 day evidentiary hearing. I agreed to a settlement that was going to be monetary lump sum of money or a percentage of another part of the trust that my sister inherited. When I got home from court I looked on the county website and found that property information had been filed by my siblings pertaining to my property that they had sold while our mom was alive that had been bequeathed to me. Also the appraisal they had submitted to court had been inflated by $400,000.00 I called my lawyer to file something to stop the agreement since they had lied on the info they supplied. He refused to file anything. A week later he makes this settlement agreement that mainly was geared to set them free of all liability seen unforeseen and to withdraw my claim they stole money. The settlement was never discussed regarding total release of their liability of the duties of trustees. They never filed any proper paperwork to me or to the court before they did anything. I refused to sign anything. About a month and a half later the secretary of my former lawyer calls and tells me to pick up my check. I get it but there is no paperwork or settlement or anything he had me sign. I have the check but don't want to cash it for fear of it being misconstrued as me agreeing to the settlement but I do not. Is there anything I can do since my lawyer has seemed to change sides and refused to do anything I had asked. He never even presented my proof odf what my issues were and I never even made it to the stand.
1 Answer from Attorneys
Good morning,
It would be improper to give you any specific advice in a public setting. You need that advice in a proper attorney-client conference, where a good litigator can evaluate your chances of setting aside the settlement agreement. That lawyer can also advise you as to how to handle the check. Among other things, that advice would be confidential, and would not have to be disclosed in any further litigation.
In any event, you need to obtain a second opinion if you are dissatisfied with the advice from your current lawyer.
Cordially yours,
Charles R. ("Rick") Perry
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