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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33747
Experience:  Began practicing Family Law in 1992
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Basically my father is trying to get my brother thrown of a

Customer Question

basically my father is trying to get my brother thrown of a charitable trust they are both trustees of my brother froze the account. My brother was trying to get my dad declared incompetent which he is not to gain full control of the trust, we settled the competency case at mediation. The case was sealed by the judge at the request of my dad since he was in congress and the case had financial and medical issues discussed.. So my dad wants to show my brothers plan to have declared incompetent in the case he is now bringing against him in the future. I believe when he signed the settlement agreement it was an agreement also not to discuss the case. Thoughts?
Submitted: 1 year ago.
Category: Family Law
Expert:  JD 1992 replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Normally in a case like this the judge in the new case (or the judge in the old one) can order the case "unsealed" for use between the parties.

I'd be glad to take a look at the settlement agreement if you have it and can attach it in PDF format or you can just type the language you are curious about in here and I'll give you my thoughts.

Customer: replied 1 year ago.
ok what the best email for you?
Customer: replied 1 year ago.
sorry I meant what's the best way to send it??
Customer: replied 1 year ago.
Sorry it was sent upside down to me too! Can you view it?
Expert:  JD 1992 replied 1 year ago.

You can attach it to this thread. I'm not sure what your screen looks like, mine are different, but there used to be a paperclip showing above where you type responses and you can attach the document using that paperclip. It needs to be in PDF format though.

Customer: replied 1 year ago.
Did you get it?
Expert:  JD 1992 replied 1 year ago.

The Word documents don't let me look at them online and I got a virus on the computer last year downloading a document from a customer.

Expert:  JD 1992 replied 1 year ago.

You can open that doc in Word and then save it as a PDF and then attach it.

Customer: replied 1 year ago.
Customer: replied 1 year ago.
did you get this?
Customer: replied 1 year ago.
Customer: replied 1 year ago.
The fact that my brother is hatching this devious plot to have my Dad declared incompetent to gain control of the trust is a very important part of the case. My Dad is not and is of sound mind. He passed numerous tests relating to this case. So how can it be introduced in the petition that we want the lawyer to file to have him removed from the trust?
Expert:  JD 1992 replied 1 year ago.

I'm here. Had to step away for a minute

Customer: replied 1 year ago.
ok no problem
Expert:  JD 1992 replied 1 year ago.

That document really doesn't tell us much.

However, what will happen is the lawyer will make a motion to unseal the other file and will likely make the motion "under seal" as well. Then, the court will hear both side's arguments, if the other side opposes the motion, and will likely unseal the file and allow the evidence to be examined. Then, the court can seal the file again as well as sealing the file on the new case.

It is even possible that the lawyer will file the new case inside the old case, although that's not as likely.

Either way, the judge will make the decision on whether or not to allow the evidence in and that relieves either party of the issue of them violating the order and agreement since a judge will have issued the ruling.