How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask TexLaw Your Own Question
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
Type Your Legal Question Here...
TexLaw is online now
A new question is answered every 9 seconds

I have been wrongfully accused of forging a signature on a

This answer was rated:

I have been wrongfully accused of forging a signature on a Crummy power What gives if I as trustee have acted in good faith and have not done this
Who is making the accusation against you and what are they demanding?
Customer: replied 3 years ago.

The mother of the children who will benefit. I do not know what is being demanded. I had a call from a court administrator telling me about it and wishing to confirm my address. I am frightened and the person who is behind this is a mentally disturbed relative of my wife.

Customer: replied 3 years ago.

I have served as the Trustee of this ILIT for 18 years. I serve with no compensation and all I have done is paid premiums. I have had no financial gain nor is there any personal interest in the proceeds. The grantor is still alive.

Customer: replied 3 years ago.

Are you still there?

Thank you for your response.

You should look into hiring a handwriting analysis expert to examine the alleged signature for signs of forgery. In the end, the person making the claim against you will have to prove forgery by a preponderance of the evidence. If you have an expert supporting your claim that there was no forgery, then you can ask that the court award you attorneys fees and costs for having to defend a frivolous claim.
TexLaw and 13 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

What happens to me if the other side should prevail?

A lawsuit for a breach of trust can carry with it punitive damages in addition to any actual damages that have been caused.

The beneficiary would have to prove that he was damaged by the breach of trust first. In other words, they would have to show that an action you took through the Crummey Power injured the corpus of the trust or caused you to profit. If they could not prove an actual injury then they will not prevail.

However, by prevailing on the forgery allegation, you could be removed as trustee and penalized with the costs of the removal action and attorneys fees against you.

Related Legal Questions