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Please state number of years experience in Ca. Estate Law.My Father passed and we had a settlement agreement. I was to split the coins into two piles and the trustee would chose one. There are a couple of issues however:
My time runs out this week on splitting the coins. !. The trustee claimed he had purchased $178K of the coins but, when I got the list and he showed the coins he purchased they totalled $126K more than he said and was on the tax return. This list was sent to me after the settlement agreement.
2. I have now discovered that their are invoices that were not put on the appraisal amounting to $450K. My attorney(who is not an estate attorney) said we already agreed to the amount of coins in the settlement agreement. I did have the invoices in advance but, did not discover the huge discrepancy until recently.
Do I complete the coin split and give it to my attorney, as he recommends or take some other action?
Do I motion the court to put the with the court until this new evidence can be shown that there is some fraud or non-disclosure and indicate this is not a final accounting?
Should all this be addressed in a separate action?
Submitted: 2 years ago.Category: Legal
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2/22/2016
Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,955
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You cannot have a valid agreement to the coins if there was failure to disclose the total amount of the coins. Material misrepresentation means there was no meeting of the minds on the settlement agreement and grounds to void that agreement. So I would suggest you get an actual estate law attorney at this point and the attorney needs to go back to court with the proof that there were more coins than they disclosed to you and do not separate anything yet until all of the coins are accounted for.
As far as your out of state subpoena, you have to file in your court what is called "Motion for Letters Rogatory" which is a request to your court to send a request to the CA court to issue a CA court subpoena for the records you seek from the CA company.
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