My boyfriend is in the middle of a civil case against the trustee of his grandmothers trust. I personally did not sign any paperwork with the attorney. However, the trustee is aware that I have a potential case against her and now is trying to tie my hands and holding up the trust settlement unless I agree to not sue her. Is this legal?
1 Answer from Attorneys
Don't do it. Obtain competent litigation probate counsel NOW to advise you of the pros and cons of settling a possible civil action against the trustee; the trustee is trying to protect himself from a liability action you may have against him. The trustee cannot hold up a settlement of your grandmothers trust, and subjects himself to further litigation costs by his action. WARNING: Don't sign anything the trustee proposes, as his motives are suspect. Probate litigation counsel may want to sue on your behalf.