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socrateaser
socrateaser, Attorney
Category: Estate Law
Satisfied Customers: 37965
Experience:  Retired (mostly)
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My name is ***** *****. I am one of 3 trustees to my parents

Customer Question

Customer: My name is ***** *****. I am one of 3 trustees to my parents trust. I have been trying to settle this trust for almost 10 years. I have kept up my fiduciary responsibilites to the amt. $20,000. The other 2 have not helped me at all and I have now lost my lawyer who handled this for the past 3 yrs. I just came from a hearing where I was found guilty by a judge for not up keeping the property to city ordinances.
JA: Thanks. Can you give me any more details about your issue?
Customer: I presented the judge with a certified copy of the deed and trust
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Estate Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: Yes, I am having to appeal within 10 days, which makes that Jan.1,2016.
JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 11 months ago.
Category: Estate Law
Customer: replied 11 months ago.
I need to petition the court to remove the 2 trustees. I also need to file a lien against the property to make sure I recoup my personal monies as I have not spent any trust monies. The 2 accounts with money went to the state for inactivity and the trustees would not sign the papers sent by certified mail.
Customer: replied 11 months ago.
I also gave the judge the names, addresses, phone numbers and their lawyer contact info.
Expert:  socrateaser replied 11 months ago.

Hello,

In which state jurisdiction are you located?

I don't see a specific question about your circumstances. It would help me narrow the scope of my answer, if you could please provide a question or questions to answer.

Thanks in advance.

Customer: replied 11 months ago.
Pulaski Tennesse
Customer: replied 11 months ago.
What kind of lawyer do I need? I live in a very small town. I need to know if I should just pay the fine or file an appeal?
Expert:  socrateaser replied 11 months ago.

Good morning,

Because an appeal to the circuit court permits you an entirely new trial on the issues before the court, any competent general civil lawyer should be able to handle your case. If you need a referral, the Tennessee Bar Association has some referral service contact phone numbers that you can find at this link.

As far as whether or not it's worth the cost to appeal the case to the circuit court, the question boils down to whether or not you have a credible defense to the claim that the property has not been maintained in accordance with local ordinances. However, if, for example, the fine is $500, and an attorney charges you $1,000 to defend you on appeal, then win or lose you will end up spending more to appeal than to simply pay the fine.

Bot***** *****ne, you need to find out how much a lawyer will charge to defend you, before you can determine if it's worth the cost.

At this point, I usually wish customers a happy holiday season. Obviously, you holiday season isn't all that terrific at the moment. Regardless, I hope your holiday will have some special moments and that your current legal difficulties will be put behind you in the new year.

Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Expert:  socrateaser replied 11 months ago.

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer -- otherwise I receive nothing for my efforts in your behalf.

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