Is there anyway to force a settlement for and Estate and trust ?: My Father dies in 2006 and left the children witha Trust and and an Estate accts. After all this time my sister and brother refuse to distribute any argue over amounts . I just want to settle with what is there. Is there anyway i can have them removed.
Michael’s answer: yes you can petition the courts to get them removed if they are not fulfilling their obligations as trustees. 8 years in probate seems like a very long time to distribute funds to all the beneficiaries. contact an attorney to move this along.
Do we have a case as the sellers to keep the earnest money?: We put our home on the market just recently and chose an offer based on many variables. They indicated the sale was not contingent. We proceeded with the sale. Their home was under contract and fell through, then they asked for a later settlement the next day but their broker still assured us it wasn’t a contingent sale. They insisted they were approved for both mortgages. When the commitment came through it came with conditions which included one that required them to sell their current home with a bunch of other conditions we weren’t aware of. We are moving to Texas and started paying rent on another home for us so meanwhile they are having trouble meeting the conditions to make this sale happen. We plan to terminate after 7 days of receiving the commitment. Is there anyway to keep the deposit money they paid for compensation for the bad faith offer they made and time we had our home off the market?
Michael’s answer: If there were no contingencies then you have every right to keep the money.
I need a divorce but am afraid my spouse will run up CC bills or cash in retirement funds. How do I proceed and protect myself : I found out my spouse was cheating with someone that we bought a house with. I haven’t told them yet because I’m concerned that my spouse will run up bills etc thinking there is nothing to loose. I have cognitive issues from MS. I don’t know how to proceed. What would a lawyer recommend to protect myself.
Michael’s answer: once you file for divorce, any bills he runs up that arent to pay for marital debt are going to be his. you can also file for injunctive releif to freeze all marital assets so he cannot disspiate them.