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First it is your decision whether you want to continue with the attorney. You are not required to allow him to ":unresign". The testimony of the neurologist would be critical in establishing that the last changes to the trust were made when your mother was not competent and would strengthen the injunction motion greatly because you would not only have the improper withdrawal of funds for self defense purposes but would enhance the misuse of funds when coupled with the fact that there were to be no withdrawals other than for your mother's maintenance. If the deposition is going to be next week, you want to have an expedited transcript so you can include the testimony in the motion papers. If done quickly, I would be inclined to await the neurologist's testimony before filing the motion but if the deposition is delayed go forward on your motion.
A TRO and temporary injunction are often used interchangeably but just so you understand here is the process and what is issued at each stage. When a case goes through trial and a final judgment is issued, one of the remedies is a permanent injunction prohibiting certain action. Before final judgment a party can move for a preliminary injunction to keep the status quo until there a a final trial on the merits. This preliminary injunction is issued after a complete briefing on the motion and sometimes after taking live testimony on the motion. If there is a real danger that a party will be injured before a preliminary injunction is issued, a party can move for a temporary restraining order. This order basically prohibits a party from taking an action until the court has decided the preliminary injunction motion. This temporary restraining order can be issued with only one party being heard or there only being an oral argument.
When your attorney says they will do a temporary injunction and not the TRO I think they mean they will not seek a temporary restraining order just the preliminary injunction.
Sorry I did not see your note earlier.
This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.
Sir Thank you.I dontg know about my attorney some times I wonder what side of the fense he is on.The two attorneys that I mwet were quite excuesed until I told them my attorneys change of heart.I am still not sure.These attorneys may have woked on a contingency.
You have confirmed my feelings.We only have one chance.You did not mention the trust being 2-1/2 years late for distribution.To me that cant not be turned down by the court for any reason.My attorney has dragged his feet since early June for the depositions.This has always concerned me.Friday he was very direct he would take the deposition and file the suit against the broker.
It wmay cost me a week mayb y longer but what if I told him no filing until we have the deposition?
With that we have a fraudulant trust,$1.0M taken from an incapacirtated grantorf,$500.,000 of personal legal fees and refusal to honotr their contractr and pay out the trusrt
Can we get all of that in a preliminary injunction?If ther Judge refuses on every count it seems the applate court must side with us.
Can you put in your pleading a $3.4M trust takemn from the granor and $420,000 taken from that trust using six forgeries.Maybe I have a chance to open that up maybe not however my sisters with two attatchment will destroy any crwedibility they ever had.Can I put that in?
You definitely want to put in the forgeries as part of the case as it shows their breach of fiduciary duty. You can definitely tell the attorney to hold off filing the motion until the depositions are taken. What you can get in the preliminary injunction is effectively a freeze on trust distributions without court approval. You may also get a freeze on any substantive decisions regarding the trust without agreement of all trustees or approval of the court. The court will not do more as that action preserves the status quo.
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