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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

Posted

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.

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Posted

No I have other lawyers handling the litigation, they are the ones along with my brother's lawyer who drew up this clause, that the executor and my brother wanted in the litigation settlement agreement. They won't sign this settlement agreement unless this clause which states this: WHEREAS, the Parties to this agreement desire to resolve all issues among them and have agreed to settle finally and fully, without reference to fault or liability of any Party hereto, to adjust their differences and to compromise any and all claims from or out of any events set forth in the recitals above (which recitals are hereby specifically incorporated herein by reference) and in any way whatsoever pertaining to any of the Parties and the Estate of , particularly, but not in any manner limiting the foregoing, on account of any matters relating in any way at all with and/or pertaining to and the handling, distribution, use and disposition of any of her money, pension, IRAs, 401ks, funds, stocks, bonds and any other asset of any type during her lifetime by any Party as well as the handling, distribution, use and disposition of any of her money, pension, IRAs, 401ks, funds, stocks, bonds and any other asset of any type during the administration of the Estate of by any Party and all claims and demands presented and set forth or which could have been presented or set forth in the ‘litigation” pending in the Lucas County Common Pleas Court Probate Division. I have already filed a grievance against the lawyer/executor but can I give all the information to the district attorney after I sign this agreement and will she pursue him after I sign this?

R. Russell O'Rourke

R. Russell O'Rourke

Posted

Really, I can sympathize with your situation, but you really should hire a lawyer. You can't even be sure that the settlement is a good settlement without the advice of a person who works regularly in this area of the law. Good luck, family issues always seem to be the worst.

Asker

Posted

I don't think you're totally understanding what I'm saying, I have a law firm that is handling the litigation, they are representing myself and the estate executor against my brother. The estate executor was my grandmother's lawyer, my brother got a power of attorney behind my grandmother's lawyers back and that's how he forged the POA. The executor, my grandmother's lawyer, sold the estate homes to a personal friend at half the cost, there were no liens against homes and he sold them against the heirs wishes. The executor and my brother want this clause in the agreement, or neither one will sign, not the executor nor my brother. They both want it written they are not held accountable for their actions. The firm handling the litigation wrote this clause in it, but I haven't signed it as of yet. That's where my question comes into play, if i sign it, will the ohio supreme court not investigate the lawyer/executor and will the district attorney not go after my brother criminally for what he did?

R. Russell O'Rourke

R. Russell O'Rourke

Posted

I don't know the answer to whether the prosecutor will be interested in the case. Generally, if a crime has been committed, it is against the "State" and the State can decide whether to proceed and people can’t waive the State’s rights to prosecute crimes. They may or may not elect to go forward, even if they can if you sign off as you are being asked, sometimes it will just be too much trouble if they believe that they will have an uncooperative victim. What is YOUR lawyer telling you? The next question for you to answer for yourself is why do you want him to be prosecuted? Revenge? Yes, they appear to have done something bad/illegal. Does it make you any more whole to have your brother free from criminal liability? What bothers me more is the part that the lawyer had in it. Talk to your lawyer about whether you should file a grievance against the lawyer with the local bar association. If your attorney tells you that there is a real issue and you do decide to go forward with a grievance, bar associations take matters like that very seriously. The people on those committees understand that we need to be held to a high standard for us to continue to be trusted. You have hired an attorney for a reason. You need to follow your attorney’s advice. Getting advice here will not be anywhere near as good because no one here can ever believe that they know enough facts and whether by forcing the criminal liability will lose you an otherwise good settlement, or cost you an enormous amount of money in legal fees to get the recovery that you are seeking or if you will get any recovery at all after a trial. Tell your attorney all of your concerns and your ultimate goals, then listen to your attorney.

James P. Frederick

James P. Frederick

Posted

Mr. O'Rourke has given you very good advice.

Posted

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.

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Posted

I am being represented by other attorney's but they at the request of the executor and my brother's attorney, put this clause in the settlement agreement. WHEREAS, the Parties to this agreement desire to resolve all issues among them and have agreed to settle finally and fully, without reference to fault or liability of any Party hereto, to adjust their differences and to compromise any and all claims from or out of any events set forth in the recitals above (which recitals are hereby specifically incorporated herein by reference) and in any way whatsoever pertaining to any of the Parties and and the Estate of, particularly, but not in any manner limiting the foregoing, on account of any matters relating in any way at all with and/or pertaining to and the handling, distribution, use and disposition of any of her money, pension, IRAs, 401ks, funds, stocks, bonds and any other asset of any type during her lifetime by any Party as well as the handling, distribution, use and disposition of any of her money, pension, IRAs, 401ks, funds, stocks, bonds and any other asset of any type during the administration of the Estate of by any Party and all claims and demands presented and set forth or which could have been presented or set forth in the ‘litigation” pending in the Lucas County Common Pleas Court Probate Division. I just feel after reading this clause, they are trying to make a loophole for my brother and the lawyer/executor to get out of any wrongdoing they did. If I sign this, will it negate the paperwork already filed to the supreme court and will it keep the District Attorney from going after my brother criminally?

Posted

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.

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Posted

I did ask the lawyers, they were the ones who initially had the clause in the agreement, when I asked them if this would keep me from going after my brother and the executor they said no. I felt I wasn't being told the exact truth so went and got a lawyer to just read the agreement and he stated if that clause is in there, I can't go after the laywer/executor or my brother, because it keeps them from being held liable for their actions. The probate court judge is not happy with the proceedings and wants it settled, but I feel if I sign this, I just want to make sure the Ohio supreme court will investigate the lawyer/executor and the district attorney will go after my brother. I just wondered if my signing of the settlement would keep those things from happening?

Justin Jay Watling

Justin Jay Watling

Posted

From the attorney who said that the settlement will not prevent you from taking further action agsinst your brother, get it in writing.

Posted

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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