My wife is being sued by her mother, for abuse of being a trustee over her grandfathers estate,and we have nothing!!!

Asked almost 2 years ago - Augusta, GA

My wife signed over her trustee rights to a lawyer ,she co-operated through the whole process, but now her mothers lawyer is trying to take every thing she has and we currently live in poverty, and have two young kids, this is in-human and immoral. And them lawyers know we don,t have any money to get a lawyer and defend ourselves. Please we really need some help.

Attorney answers (2)

  1. Loraine M. DiSalvo


    Contributor Level 17


    Lawyers agree

    Answered . My condolences to you on your situation. Unfortunately, if you truly cannot afford a lawyer, you may need to seek help from a local legal aid group. However, if your wife is the trustee of a trust, she may be entitled to have the trust pay to defend her, assuming there are any assets in it. I'm not sure what you mean when you say she "signed over her trustee rights to a lawyer" - generally, you can delegate some tasks as a trustee but you can't usually sign away your rights (or your responsibilities). The role of trustee has a lot of responsibilities attached, and if you aren't very careful in what you do as a trustee you can end up in a very unpleasant situation.

    I would strongly suggest that you look for an experienced attorney who can at least sit down and review the situation with you and help your wife figure out what she really may be facing. Many attorneys take credit cards, if needed, and it may well be worth an hour or two.

    This answer is not intended to provide you with specific legal advice regarding your situation, or to create any... more
  2. Tanner Woods Pittman

    Contributor Level 12


    Lawyer agrees

    Answered . I agree with Ms. DiSalvo's answer. I'd add that, the worst thing to result from a lawsuit against your wife would be a judgment. That could become a judgment lien and execution, but if your wife has no assets to pursue, wages or bank accounts to garnish, she may effectively be "judgment proof."

    Do please speak to a lawyer.

    No attorney-client relationship or privilege is formed by this communication. This answer is to be considered as a... more

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