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"Unless we can agree to mediation of the remaining
Sent to Legal Experts December 23 01:06 PM

"Unless we can agree to mediation of the remaining disputes we now have - I will have no choice but to ask the court to intervene in a variety of these matters. (stating I must list property with independent realtor and market aggressively--they will not agree to my purchase of said property for rediculous appraisal value; and, that I must pay rent while protecting property because this is only selfserving; (I have two households that I pay expenses for currently). I will as a profeessional courtesy grant you the opportunity of a short review of any petition compelling the trustee do her job prior to filing the same." DO I HAVE TO AGREE TO MEDIATION? WHAT PETITIONS CAN THEY FILE ON ME? THE PROPERTY IS IN A TRUST--it is not probate and requires no court supervision - falls under the Independent Act for Trustee Administration--they are harassing me, aren't they? Dad's will has a "no contest" clause for directly or indirectly attacking the will or any of its provisions.

Customer (name blocked for privacy)
Status:  Closed   Value: $30
Answer
December 23 6:43 PM (5 hours and 37 minutes and 25 seconds later)
         
ACCEPTEDCheck Mark
Dear Customer (name blocked for privacy),

A determination of whether or not you must submit to mediation will depend not only on what the letter says, but, based on what you describe, prior conversations or agreements you may have had with these people, the trust, and even your father's will. Only an attorney who has thoroughly reviewed all matters in which you are involved can provide you with full information.

The sentences you quote, however, just from reading them alone, do not appear to say you must submit to mediation, they only indicate that if you do not agree to mediation then they will take you to court. But, again, other documents and involvements you may have may require you to submit to mediation, only an attorney who has full information of what you are involved in can tell you. The petitions they can file against you, again, require you to speak to an attorney who can review the facts, the trust, will, appraisal, your desires, the other parties' disputes or statements, and many other factors.

I am sorry I could not provide you with more information, but there are too many items which cannot be communicated in this forum, and which only should be spoken to legal counsel in your state whom you have hired to represent you. JustAnswer is here to provide information, not legal interpretation or advice - only an attorney hired by you can do that.

PLEASE NOTE: Responses here are for information/education only, NOT legal advice and do not form attorney-client relationship! Only licensed attorneys you hire in your state can provide legal advice.
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Jane T (LLC) -- Lawyer (JD) -- 100% Positive Feedback on 2099 Legal Accepts
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Reply
December 23 9:59 PM (3 hours and 15 minutes and 42 seconds later)
         

Thank you; but, how about educating me in regard to what a petition from the court would be? What petitions are there that compell a Trustee to do her job? And, what does the court say exactly is a Trustee's job? Just how does a court intervene? What does that process consist of?

 

Customer (name blocked for privacy)
Answer
December 23 10:16 PM (17 minutes and 6 seconds later)
         
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Jane T (LLC) -- Lawyer (JD) -- 100% Positive Feedback on 2099 Legal Accepts
Experienced attorney; contracts, internet, business, finance, employment, RE, consumer, & more.
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