Bele Chere
Junior Member
What is the name of your state? North Carolina
My brother filed a frivolous lawsuit against me almost a year ago because I won't give in to his controling ways. We are equal co successor Trustees/Executors and the only beneficiaries of our Mother's Trust. Since her death he has taken over the Trust and won't give me any information. He has taken 2/3 of the income from rental property in the Trust for his personal use and got mad when I confronted him. My lawyer filed a counter suit against him and issued interrogatories, which my brother and his lawyer seemed to ignore until my lawyer filed a motion to compel (my brother was ordered to pay the cost and to answer the interrogatories). He couldn't come up with any proof to support his lawsuit, while I have several documents to support mine.
Anyway, we now have a court date of June 30 which my lawyer initiated and has requested mediation. My brother's lawyer says they won't agree to mediation. I thought mediation was mandatory. Can we request that the court order it?
My brother filed a frivolous lawsuit against me almost a year ago because I won't give in to his controling ways. We are equal co successor Trustees/Executors and the only beneficiaries of our Mother's Trust. Since her death he has taken over the Trust and won't give me any information. He has taken 2/3 of the income from rental property in the Trust for his personal use and got mad when I confronted him. My lawyer filed a counter suit against him and issued interrogatories, which my brother and his lawyer seemed to ignore until my lawyer filed a motion to compel (my brother was ordered to pay the cost and to answer the interrogatories). He couldn't come up with any proof to support his lawsuit, while I have several documents to support mine.
Anyway, we now have a court date of June 30 which my lawyer initiated and has requested mediation. My brother's lawyer says they won't agree to mediation. I thought mediation was mandatory. Can we request that the court order it?