Rejecting a settlement offer

Asked 10 months ago - Fairfield, CA

the trustee of an estate that I am beneficiary to has offered a terrible settlement offer, it is my understanding that a judge can be involved in probate court as far as overseeing the offer and approving or disapproving the offer. I have rejected the offer as it is unreasonable and falls many thousands short of what is due
we go before the judge in probate soon and I have been unable to secure a lawyer as I have no money. How can I get the court involved in overseeing the settlement offer?

Attorney answers (3)

  1. Bert Z. Tigerman

    Contributor Level 15

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    Answered . The trustee is the person who has to appear in court. Is he/she represented by an attorney? If so that is the person you should be talking to. The judge in probate "oversees" the work of the trustee - the Judge will not compel a party to approve or not approve an settlement. If the trustee wishes to accept the settlement offer the judge has a duty to make sure that it is fair and equitable for the trust beneficiaries. I the trustee intends to accept the offer, you can appear in court and tell the judge that your object to the trustees action.

    DISCLAIMER: The response herein is not legal advice and does not create an attorney/client relationship or any... more
  2. L. Maxwell Taylor

    Contributor Level 20

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    Answered . I'm not sure what you think the judge would do: Make the other side offer you more?

    As a general principle of law, no one can make a party to a legal dispute accept a settlement offer that s/he finds unacceptable, and no one can make a party to a lawsuit make an offer by way of settlement that exceeds what the party is willing to pay. Moreover, settlement communications are generally not admissible in evidence before a finder of fact, i.e., a judge in a case where there's no jury.

    Not legal advice, just general principles. Consult local counsel to obtain legal advice tailored to your specific circumstance. I practice in Vermont ONLY.

  3. Samuel Cohen

    Contributor Level 20

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    Lawyer agrees

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    Answered . A judge is not going to substitute for a lawyer in this for you. See if you can retain counsel on a contingency fee basis.

    We can be reached at 215-545-2201. Our firm has lawyers licensed to practice in Pennsylvania and New Jersey and in... more

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