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TexLaw
TexLaw, Attorney
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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My husband is getting ready sign a settlement in a trust matter,

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My husband is getting ready sign a settlement in a trust matter, my question is, they want me to sign the settlement offer, even though i am not part of the trust, do i need to sign? they say that they are worried that i will sue my brother in law
Hi,

My name is XXXXX XXXXX I will be assisting you with your legal question.

Often times a spouse will have a residual claim based on spousal rights. Defendants often want a release on these potential claims in order to settle the case fully.

You do not have to sign the settlement agreement. However, if you don't, the Defendant could use this as an excuse not to settle. If you feel uncomfortable with potentially waiving a claim that you may have and have not yet discovered, then tell them no and see what happens. If it throws off the settlement, you can change your mind if you think it is the right thing to do.

It is coercive in that they are putting pressure on you. However, it is not illegal for them to seek your release through a signature on the settlement.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am credited by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Kind regards,
Zachary


Customer: replied 3 years ago.

Zachary


 


Thank you for you quick response. The reason they say they want me to sign, is to prevent me from suing my scum bag brother in law. I have no intention of doing so. I have told them i will sign anything to show that i will not sue him ,but i am uncomfortable signing the trust settlement document of which I am not a part of, I do not trust either of the attorneys, for reasons i will not go into. My husband's attorney said that the opposing counsel wants me to sign, and will have his client's girlfriend sign, now mind you, we were going to call her for a witness at our trial, but opposing counsel said that my brother in law and his girlfriend split up, only to find out after the trial, she was with my brother in law at the trial but out of site at the court house. sorry it is a long and convoluted story. again thank you for your help still not sure what to do .

No problem with the long storey. In fact I want to know more.

What does your brother in law have to do with the trust? What was the lawsuit about (if you can tell me without too much trouble).

You say you have no intention of suing your brother in law, but what if you found out that he had done something that exposed you to liability or that he should have paid you money that he kept for himself instead? Is there anyway that you could potentially have a claim like this against him and just not have discovered it yet?
Customer: replied 3 years ago.

are you still able to answer the long story i just posted to you?

I'm sorry. I didn't get it. Can you repost?
Customer: replied 3 years ago.

Yes, here it is.


My father in law passed away in 2003, at which time my brother in law and his tweeker girlfriend both quit their jobs, lived off my mother in law until she passed away in 2009, he went through over 500,000 in 5 years. this includes car payment, insurance for 3 vehicles, one of which was on blocks, groceries, utilities and cash upwards to 6000 a month. We sued him for financial elder abuse. We actually had a good case, unfortunately our lawyer, who assured us ( after payments totaling 250,000 some of which we had to borrow from my husband's pension) this was a slam dunk case no way we would lose. I actually did most of the research,told her to get my brother in law's copies of checking account, which she did, only after 1 1/2 years at which time the bank went out of business and we tried to go through the FDIC to no avail. I was the one to get the copies of the discover card statements that showed my brother in law was in Vegas, buying prostitutes, cash advances, 22 visits to walmart in one day with charges under 75.00 a pop, sorry rambling, anyway she lost our case. We are appealing, my brother in law's attorney wants to settle, because my brother in law is a dead beat. I think they know they will lose the appeal. The reason our attorney is settling is because the appeal is on her dime, at which time, Bradley (my husband) was removed as co-trustee, which she failed to mention to us, she told us to close the trust account, which my husband was sole trustee of and to give the money to opposing counsel to handle as a sign of good faith. All the while she knew that Brad was removed as co-trustee. Zachary, sorry there are so many layers, anyways the jest of the matter is now they say i have to sign the settlement, in order to end this thing, I feel that i am being bullied into it, not by opposing counsel but by my husband's attorney. To say i do not trust her is an understatement. I do not know who has the least scruples her or opposing. Here is another thing. My mother in law evicted us from the home that was left to my husband in the trust, because Bradley called his brother out on smoking meth. I am sorry it just goes on and on and on. maybe this will give you an understanding of why i am unsettled

I'm very sorry to hear this story. Meth addiction is terrible and I constantly listen to stories from folks who's lives are basically ruined because of an addicted relative.

That being said, I do not see how you would have a claim here. So based on what you've told me, I don't think that signing the settlement would be a problem. However, there is nothing that they can do to force you to sign the agreement.
Customer: replied 3 years ago.

thank you Zachary for your time it is appreciated. also, nice to vent a bit. the rest of the story would curl your hair, it did mine

Good luck with this situation.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am credited by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Kind regards,
Zachary
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