However, due to some circumstances , the attorney for the trustee has found out. In order to not get the trustee in trouble they want the wronged beneficiary to sign a general release in another lawsuit that is going on between the parties, What other possible alternative s does the trustee have for reducing its blame and wanting to rectify the situation? I know about mediation but is there anything else possible?
It appears that a general release may not happen. Could offering extra money with amount due help to not be charged with fraud or anything else? Note: In the lawsuit another attorney is handling the lawsuit, not the one who knows about the attempted fraud. I am the wronged beneficiary.
Estate Planning Attorney
A Florida attorney will answer your state specific questions but the one that jumps out at me is the removal of the Trustee from the role. The Trustee is from what you say attempting criminal or civil fraud and should not be allowed to remain in the role for any reason. There is also a conflict of interest it seems if the attorney is handling the Trustee and another lawsuit between the parties. Who are you in this? If you are a beneficiary, you should talk to an attorney in FL to guide you.
Use the AVVO.com web site to find an attorney in your area. In addition to that, contact your local bar association for referral to an attorney who specializes in this or talk to friends and neighbors to ask about an attorney they have used and liked. Often, but not always, the attorney will do an initial consultation free of charge. You will then be in a better position to determine what to do next. Best of luck to you!
If you liked this answer, click on the thumbs up! Thanks. Eliz. C. A. Johnson Post Office Box 8 Danville, California 94526-0008 Legal disclaimer: I do not practice law in any state but California. As such, any responses to posted inquiries, such as the one above, are limited to a general understanding of law in California and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as legal advice can only be provided in circumstances in which the attorney is able to ask questions of the person seeking legal advice and to thus gather appropriate information.
You need to visit with an attorney in the same area where the trust is being administered. I'm assuming that this is Florida, and I've seen many good Florida attorneys visit this forum. That said, it's tough to tell from your question what you think the Trustee did wrong, and why you would be entitled to something. To begin with, intending to commit fraud and actually committing it are two very different things. Intending to commit fraud would, as the previous response points out, certainly call into question the Trustee's ability to carry out his or her fiduciary responsibilities properly.
But you mention reducing blame and rectifying the situation as though some harm has already come to you, and intent alone causes no harm. People think about doing bad things all the time, but we don't punish them or hold them liable until they actually do them. For reasons of space, I'm sure, you aren't able to really articulate the whole story here. There is, after all, an entire lawsuit already proceeding that sounds like it has nothing to do with the trust. Contact an attorney, tell the whole story, and learn about your options after the attorney has learned about the entire situation.
This answer does not constitute legal advice. I am admitted to practice law in the State of Texas only, and make no attempt to opine on matters of law that are not relevant to Texas. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should never rely on this answer alone and nothing in these communications creates an attorney-client relationship.
You cannot threaten to take legal action in lieu of filing a complaint or contacting the district attorney. However, a trustee has a fiduciary duty to protect you and certainly not take advantage of you.
Make your monetary demand. Factor in cost, your time in dealing with this issue, interest, as well as a premium for your inconvenience, assuming money is what you seek.
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