Estate planning

Co Trustee breached Mediation agreement, 2 sign/check. Lied refused discovery. I have cashiers check. only recourse file a case?

Bad situation; co trustee with a liar & thief, took over mom's bank acts in 2002. Did not know at the time she resented mom leaving 10% to each of my 3 children, so she stole to maKe sure she got $, worked unilaterally and assaulted me when I asked for her cooperation, I had to have surgery as a result. I'm in my 60's x is an attorney and also acts the same! Joint decision we would go forward, went to mediation with kids okay, I had bookkeeping done 2x, all totaled estate missing$400 approx. Only agreed to this agreement because: it required 2 signatures/check. caught her, can I re open binding mediation as a result of her duplicity, and I closed the account, want to place it w/court but told I need to open a case to do that. Not in great financial shape, no spousal support in 28 month

Nathan’s Answer

Mediation agreements or settlements are binding contracts between the signators. As a result, if a party breaches, you may have causes of action in a contract case. Reopening a mediation or invalidating an agreement is difficult unless you have solid evidence of a contract killer, like fraudulent misrepresentations. I am changing the practice area from ethics to trusts and estates so your issues regarding co-trustee can be addressed.

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