> cHat wrote: I think by "trustee" you mean the administrator ...?
anyway here's my 2 cents based on how you described it, but I'm not a lawyer, don't play one on TV, and you should really talk to one. Also, trusts can be set up with ANY provisions and, even if they're not, there's lots of room to sue for anything as far as I know which isn't much. Anyway ... > My questions: > 1. Is the hypothetical trustee in a position to demand such a > hypothetical document be signed? The administrator - if that's what you mean by trustee - can demand anything they want of course, but you can decline to do whatever they ask AND if they did mishandle the trust, and they follow through with the threat which is continued mishandling, they're digging a pretty deep hole. If that's what you think is going on, a lawyer will be more than happy to take your case on contingency from both the trust and the shady administrator. It's sounds more grey than that though ... sounds like the admin just wants to get this mess off their desk, know they f'd up, and are resorting to some mild pressure to do it. > 2. Is such a document legally binding if the hypothetical trustee > presents it hypothetically knowing that there were fiscal elements not > handled properly? Not if it violates law or violates inalienable rights (e.g., selling yourself into slavery). But as you've described it the admin is saying: "the originators are dead, and as the admin I say you ALL sign this doc absolving me of culpability for any mishandling or I'm gonna withhold the assets from you since any one of you could sue me so I need you all to absolve me by signing this to protect me." (if the originators are still alive they could sue too) of course even if you did sign it, and it's legal, you could still sue but it would make it MUCH more difficult to win. > 3. If one of the hypothetical beneficiaries takes the time to examine > the financial paperwork provided by the hypothetical trustee and finds > hypothetical fiscal elements not handled properly, what could be done? > You can sue the administrator for mismanagement and damages. However whether that's a good idea or not depends on what's been kept from the beneficiaries and what damages you could get from the administrator. BOTTOM LINE: personally I wouldn't sign shit and I'd tell the administrator you're going to hire a lawyer (and/or accountant) to determine if there was any mismanagement. Depending on what's at stake, that shouldn't be THAT expensive unless it's super complicated which, if so, probably makes it worth it. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Adobe® ColdFusion® 8 software 8 is the most important and dramatic release to date Get the Free Trial http://ad.doubleclick.net/clk;207172674;29440083;f Archive: http://www.houseoffusion.com/groups/cf-community/message.cfm/messageid:292245 Subscription: http://www.houseoffusion.com/groups/cf-community/subscribe.cfm Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=11502.10531.5
