QUESTION

Is it acceptable if the two opposing attorneys had a verbal agreement?

Asked on Nov 29th, 2013 on Estate Planning - Michigan
More details to this question:
My sister is the successor trustee of our parentโ€™s family trust. She petitioned the court to approve her accounting and actions as trustee, and for โ€œinstructionsโ€ as to whether Amendment 1 or Amendment 2 is the valid amendment controlling our trust. All five other beneficiaries and I wanted Amendment 2 to be held valid. The attorney for the trustee offered that she would agree to a joint petition to use Amendment 2 if I gathered all the other beneficiaryโ€™s signatures, which I did. The trustee signed her agreement and sent it to my attorney. My attorney paid the filing fees for all the beneficiaries ($2,000+) from my retainer and filed the joint petition to use Amendment 2. The very next day trusteeโ€™s attorney presented a proposal/ultimatum from the trustee requiring that I: 1) Exonerate her for her actions even for the period before she became trustee when I allege she embezzled funds from the trust. 2) Agree to her specified monthly โ€œallowanceโ€ instead of using the discretionary terms โ€œHealth, Education, Maintenance and Supportโ€ from our trust. 3) Agree to an amount she claims I have received from the trust. This would have cost me $8,000 due to her miscalculation. If I did not agree she would withdraw her agreement to use Amendment 2. My attorney never even complained to the trusteeโ€™s attorney that โ€œHey we had a deal!โ€ or โ€œYour client already signed under penalty of perjury and itโ€™s been filed with the courtโ€. Instead my attorney started pushing me to agree to the trusteeโ€™s horrible terms. He said the trustee would likely be allowed to withdraw from her signed, filed agreement. Can the trusteeโ€™s attorney withdraw from his verbal proposal agreement with my attorney? Can the trustee withdraw her agreement after signing it under penalty of perjury? Is the trustee allowed to use her position to her advantage when dealing with the beneficiaries? Should her attorney be paid from our trust when sheโ€™s using him to push me around?
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5 ANSWERS

Trusts Attorney serving Sacramento, CA at Law Office of Victor Waid
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Suggest you obtain the opinion of another probate/trust litigation attorney to review your attorney's work/representation for all of the questions you raise, and be prepared to pay an hourly rate and provide the attorney a full copy of all documentation related to the case. DO not delay.
Answered on Dec 04th, 2013 at 10:09 PM

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Probate Attorney serving Las Vegas, NV
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You should either speak with your attorney or get a second opinion by having an attorney review the case and advise you.
Answered on Dec 04th, 2013 at 10:09 PM

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Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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If you do not like the actions and advise of your current attorney hire another one. Or simply have your attorney force the motion and let the judge decide.
Answered on Dec 04th, 2013 at 7:04 PM

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Probate Attorney serving Roseville, CA
Partner at James Law Group
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A contract is a contract whether verbal or in writing. A written contract is easier to enforce. You can enforce a verbal contract as well. Sounds like you need a sit down with your attorney or need to find a new one.
Answered on Dec 04th, 2013 at 6:42 PM

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Business Planning Attorney serving Livonia, MI at Frederick & Frederick Attorneys at Law
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First of all, you have an attorney. It is not ethical for another attorney to comment on your situation, given that fact. You should discuss this with your attorney or terminate him/her and hire a new attorney. Verbal agreements are almost impossible to enforce. The written agreement is a completely different thing and you would need your attorney's advice on how to proceed. It sounds like your attorney is telling you it would be cheaper in the long run to agree to the proposed revisions.
Answered on Dec 04th, 2013 at 6:41 PM

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