Legal Question in Wills and Trusts in California
Four months ago my sister, who was the trustee for my parents' estate, and I signed a settlement agreement right before a pending trial. I litigated against her for not honoring the provisions of our parents living trust and giving me my inheritance. The settlement agreement was signed by the judge making it a court order. As part of the settlement I am supposed to receive some stock. My sister now says that she has lost the stock certificate that is necessary for transferring the stock into my name. Further, she is refusing to sign an affidavit verifying that she lost the stock, so that I can get it transferred. What is my recourse? Can she be sued for contempt of court?
2 Answers from Attorneys
Since it appears that you already have a Court proceeding pending, you need to file a motion to enforce the settlement. If you and your sister were represented by counsel in your fight your counsel should be able to do this very eaisly. If you don't have a lawyer, you might want to consider getting one to assist you with this.
Jon Reich
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I agree with Mr. Reich, although I note that you claim it is already a court order. You may want a lawyer to review it, to determine whether a motion is required. A settlement agreement can be enforced as a judgment pursuant to Code of Civil Procedure section 664.6. It is important to understand that the court must enter a judgment that contains all of the material terms, and not an order enforcing some of the terms.
If the judgment requires specific action from your sister, you can then file an affidavit of contempt, and have the court issue an order to show cause. You do not need to file a separate new lawsuit for either of these procedures.