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I'm currently in a litigation against brother who forged POA and robbed my deceased grandmothers estate/bank accounts.

Toledo, OH |

the Litigation is to remove my brother from his inheritance, all lawyers want to settle and put this clause in the agreement, basically leaving the executor and my brother free and clear of any further lawsuits against them for their actions. I haven't signed yet but have already filed paperwork with the Ohio Supreme court against executors selling of homes at half the value to a friend, against our wishes, with no liens against properties. I wanted to give all info on case against brother to the DA. If I sign this agreement, will it make those cases against them null and void and the DA wont step in and try him criminally? And keep the Ohio Supreme court from investigating the lawyer/executors handling of the estates?

Attorney Answers 4

  1. WAIT! You are doing this litigation without an attorney? If that is so, as they say a person who acts as his own attorney has a fool for a client. GET AN ATTORNEY. If nothing else, go to the TOledo Bar Association, Lawyer Referral Service (I have given you a link below). What you have described in an incredibly complex, technical case. No lawyer should be able to give you a competent answer without spending hours of time reading your file.

    If you have an attorney, ask your attorney and take their advice. It is actually unethical for one attorney to talk to you about your case when you are represented by another attorney, so either hire an attorney or ask the one that you already have.

  2. Don't sign or agree to anything until you get yourself a competent lawyer! While you are messing around they are spending and hiding assets of the estate that you may never get back!
    If the brother committed a fraud on the estate, then that is criminal and should be reported to the authorities and you need to sue him for those fraudulent acts. Also, if the lawyers were self dealing, then they should be reported to the State Bar or whomever disiplines lawyers in Ohio, and those sales to their friends should be unwound. Get an experienced trusts and estates litigation attorney ASAP!

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.

  3. You appear to already have lawyers who know ALL the details, not just the sparce facts you provided--ask the attorney(s) you have--he/she/they is best source of your way-ahead.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice before the state and federal courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

  4. If this is a settlement agreement, then each side must have given up something. Could it be that counsel is telliing you that this agreed result is better than the uncertain outcome of expensive and lengthy litigation?

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