trust_id_09
Member
What is the name of your state (only U.S. law)? NEW YORK
As a trustee, I am being hounded by a disgruntled beneficiary whose proceeds of the Estate is only 15%. He/She is challenging my accounting which is not where the problem lies, since I know that is its rights. We both retained our respective attorneys and my side is more than cooperative. However, one broke and desperate for money beneficiary and a hungry and unscrupulous attorney who wants to get paid out of the cash distribution, can be a recipe for disaster. My attorney is going through all the paperwork of nearly eight years in order to produce the accounting.
Note all the other beneficiaries (3) signed release and all and probably spent their $$ already. So, my exposure is only to Disgruntled, and Greedy one.
But the problem is Disgruntled hasn't had its cash percentage of an interim distribution yet. Reasons, refusal to sign a release I originally sent. Then, my attorney sent one himself, and it was returned signed but with two (2) of the three provisions deleted.
My lawyer sent me an email (according to him) without reviewing the receipt affidavit and asked that I sent the check bearing the other attorneys's name thus he can forward it to him.
I called right away and told him the release I agreed to, was altered by the other side and under no circumstances should he have agreed to any deal with the other side w/o my permission. I am not doubting that he may not have reviewed it, since these lawyers are juggling several cases and the ones w/ the most "Mula" get the most attention. But I made it clear to him that I was not a happy camper. He apologized for not reviewing it first Blah, Blah, Blah!
My two part question is as follows:
1. was the beneficiary and its lawyer acted appropriately and
2. Should I be concerned about my own lawyer going forward?
He later told me he will go after the other side and charge them for what I consider a frivolous quest for more $$ from Disgruntled's part; it is getting out of hand. The accounting is not completed yet, perhaps that is why they are acting up and if so, are they in the right. Disgruntled lawyer wants to get paid, but does not want to sign the release. I told my lawyer, I don't care if they take me to court, to stand our ground. There is nothing inappropriate in the accounting except, at all cost, we are trying to avoid the whole lengthy and costly process of going to court.
Any input?
Thanks.
As a trustee, I am being hounded by a disgruntled beneficiary whose proceeds of the Estate is only 15%. He/She is challenging my accounting which is not where the problem lies, since I know that is its rights. We both retained our respective attorneys and my side is more than cooperative. However, one broke and desperate for money beneficiary and a hungry and unscrupulous attorney who wants to get paid out of the cash distribution, can be a recipe for disaster. My attorney is going through all the paperwork of nearly eight years in order to produce the accounting.
Note all the other beneficiaries (3) signed release and all and probably spent their $$ already. So, my exposure is only to Disgruntled, and Greedy one.
But the problem is Disgruntled hasn't had its cash percentage of an interim distribution yet. Reasons, refusal to sign a release I originally sent. Then, my attorney sent one himself, and it was returned signed but with two (2) of the three provisions deleted.
My lawyer sent me an email (according to him) without reviewing the receipt affidavit and asked that I sent the check bearing the other attorneys's name thus he can forward it to him.
I called right away and told him the release I agreed to, was altered by the other side and under no circumstances should he have agreed to any deal with the other side w/o my permission. I am not doubting that he may not have reviewed it, since these lawyers are juggling several cases and the ones w/ the most "Mula" get the most attention. But I made it clear to him that I was not a happy camper. He apologized for not reviewing it first Blah, Blah, Blah!
My two part question is as follows:
1. was the beneficiary and its lawyer acted appropriately and
2. Should I be concerned about my own lawyer going forward?
He later told me he will go after the other side and charge them for what I consider a frivolous quest for more $$ from Disgruntled's part; it is getting out of hand. The accounting is not completed yet, perhaps that is why they are acting up and if so, are they in the right. Disgruntled lawyer wants to get paid, but does not want to sign the release. I told my lawyer, I don't care if they take me to court, to stand our ground. There is nothing inappropriate in the accounting except, at all cost, we are trying to avoid the whole lengthy and costly process of going to court.
Any input?
Thanks.