Legal Question in Wills and Trusts in California

Are there any legal reasons to "revise" a preliminary settlement (i.e., stipulation) prior to court approval?

I'm a beneficiary in a Trust case that has been unresolved (3 years) due to an unorthodox Trustee. Based on recommendations from by previous attorney, I agreed to a preliminary settlement in order to end the process (without concern about the other beneficiaries). After signing the preliminary settlement, I was also advised that I could not address issues concerning the misappropriation of Trust funds (in excess of $150K).

Recently in court I objected to the stipulation. I have two weeks to submit a reply. During document discovery\deposition with the Trustee, no evidence could be provided as to as the location of the funds and the Trustee's comments were "I don't remember". Now the Trustee is deceased. I want the disposition of the lost Trust funds included in the stipulation.


Asked on 1/23/15, 10:57 am

1 Answer from Attorneys
Len Tillem Tillem McNichol & Brown

If you executed a settlement agreement, then it should be over. A settlement agreement is typically binding on successors, so even though there's a new trustee, the agreement is still in effect. The change of trustee isn't grounds to void the agreement and reopen the case.

Read more
Answered on 1/26/15, 9:08 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California