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Bill Fix
Bill Fix, Attorney
Category: Estate Law
Satisfied Customers: 79
Experience:  Attorney at Fix Law, PLLC
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Our sister lied horribly in court documents about us to get

Customer Question

our sister lied horribly in court documents about us to get more money than us from money from our mother's trust. She has fought and lied for two years. We hired a lawyer from the beginning and want her to settle. We want to split lawyer cost and trust fund equally. She says we can't use the fund to pay the lawyer. Is that true. She has caused the whole thing.
Submitted: 4 months ago.
Category: Estate Law
Expert:  Bill Fix replied 4 months ago.

How the trust fund may be used and apportioned must be done in accordance with the language of the trust. If you want some of the $ in the trust to pay attorney's fees, but many trust funds include language that limits the funds to be used only for the "welfare, education, healthcare, and maintenance" of the beneficiaries. That would preclude the trust fund paying attorney's fees. If this is an estate/probate issue, however, funds in the estate can be used for attorney's fees...

It's difficult to tell whether she is saying no because of the language of the trust (likely advised by her attorney) or if she just does not want to settle with you at all. I'm sure the settlement offer you made is fair, but for whatever reason, she doesn't see it that way. I would assume your next step is mediation.

If you have hired an attorney, continue working with him or her. You're likely in good hands, and this matter will eventually get resolved, even if it takes a while.

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