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previous attorney put lien, new one dropped case

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justalayman

Senior Member
It surely seems this should be a lot simpler than it is proving to be.

A trustee is legally obligated to provide accountings to beneficiaries. That is a simple action.

A trustee is legally obligated to act as the trust directs.

If distribution was to be immediate, none of your problems make a lot of sense


Have you actually read the trust documents?


Part of your problem does seem to be is you don’t have a basis to sue until the trustee doesn’t act as the trust documents direct. That is one reason you make a demand.
 


It surely seems this should be a lot simpler than it is proving to be.

A trustee is legally obligated to provide accountings to beneficiaries. That is a simple action.

A trustee is legally obligated to act as the trust directs.

If distribution was to be immediate, none of your problems make a lot of sense


Have you actually read the trust documents?


Part of your problem does seem to be is you don’t have a basis to sue until the trustee doesn’t act as the trust documents direct. That is one reason you make a demand.

Look, forget it, you're not telling me anything I don't already know and haven't already explored or acted on and this topic has strayed so far from my initial question. (is the lien why 2nd lawyer dropped case, and will it hinder my ability to get another one?) If you are legitimately trying to help, I greatly appreciate and thank you for it but I know all this and have covered it. I'm way past all that.

Trustee has violated his fiduciary duties severely for many many months now. Many documents were requested from the beginning and literally nothing was produced until I got a lawyer involved. That lawyer was unable to get much but he got some. Now the 2nd lawyer got some, but again, mostly fluff and only enough so that they can later make the argument that they did comply. I do not want to give much more specifics, I have already said to much. Thanks for trying to help, but I'm not really getting the answers I needed.
 

justalayman

Senior Member
Your basic questions were answered long ago, at least as well as they can be. It didn’t help when you added information that changed the situation well after starting this thread.

Nobody but the 2nd lawyer can tell you if the actual reason he dropped the case is because of the lien.

And yes, from how you explained the situation it is likely going to be difficult to engage another attorney.

So, if you want the lien to go away, pay the first attoemry. Then find another attorney to fight for you. I suspect you will find it difficult to leave the lien in place and find an attorney to take on your case.

If you don’t have the money to pay the first attorney, well, that’s something you have to figure out on your own.
 
Your basic questions were answered long ago, at least as well as they can be. It didn’t help when you added information that changed the situation well after starting this thread.

Nobody but the 2nd lawyer can tell you if the actual reason he dropped the case is because of the lien.

And yes, from how you explained the situation it is likely going to be difficult to engage another attorney.

So, if you want the lien to go away, pay the first attoemry. Then find another attorney to fight for you. I suspect you will find it difficult to leave the lien in place and find an attorney to take on your case.

If you don’t have the money to pay the first attorney, well, that’s something you have to figure out on your own.

Ok, I realize that. I guess I was just expecting more people to answer and kind of a consensus from attorneys. I will try to write to both attorneys to try and resolve this, but the 2nd one stopped answering my calls and emails, so I suspect he will just ignore me again. Thanks.
 
Your basic questions were answered long ago, at least as well as they can be. It didn’t help when you added information that changed the situation well after starting this thread.

Nobody but the 2nd lawyer can tell you if the actual reason he dropped the case is because of the lien.

And yes, from how you explained the situation it is likely going to be difficult to engage another attorney.

So, if you want the lien to go away, pay the first attoemry. Then find another attorney to fight for you. I suspect you will find it difficult to leave the lien in place and find an attorney to take on your case.

If you don’t have the money to pay the first attorney, well, that’s something you have to figure out on your own.
Just one further question, do you believe filing a criminal complaint with the police against the trustee will do any good?

Or will they just tell me its a civil situation even though he's committing crimes?
 

Zigner

Senior Member, Non-Attorney
Ok, I realize that. I guess I was just expecting more people to answer and kind of a consensus from attorneys.
This board has a small number of attorneys that answer. I don't believe that any have replied in this thread.
 

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