Texts and Emails in Trust Litigation -- They can help, and they can hurt!

[@joantomlin898]

I appreciate you guys so very much. No money (disabled) fighting this alone. I'm using your videos as a guide.

[@AlDavLaw]

So glad we can be of help to you! Our goal is to educate everyone about this confusing area of the law. We wish you the best of luck.

[@joantomlin898]

Same here. Disabled, got to do this alone too. These are gold!

[@anitarushlow4022]

Great videos. Can you please do a video on situations when presumption that undue influence was exerted? Thanks

[@AlDavLaw]

Great Idea! We'll add that to our video schedule coming up soon.

[@isaidno]

Atomic assumption of guilt. Maybe the parent verbally told one child (no witnesses) something about her belongings that she unfortunately didn't put in the trust. Should something like that be recorded? Good videos and information Thank you

[@AlDavLaw]

Something like that should at least be written down by the parent and signed. Verbal statements don't get you very far in Trust law. Especially because the person who said it is almost always passed away when you are fighting with the Trustee or other beneficiaries about it.

[@vernahrris5601]

My husband is being sued by his two sisters who say they never received any money or their part of real property after their remaining parent passed away...it is now 14 years (2009) after the fact. They received everything they 'wanted'. As for the money, one sister signed a document stating the real property belonged to her brother (after five years of her living in the property) and where she now lives while we pay all utilities still. He/we have paid for all utilities, property tax & insurance. My husband used the large truck shop for mechanicing. His sisters also say they never said they didn't want the property, although neither paid for anything, including rent on the house one lived in. The sister who lives in the house signed a document/contract with a weatherization group, tating that her brother was the homeowner...it is in her handwriting; the other was a statement given by her lawyer in a submitted court document to the judge, sister saying she had a fabricated conversation with our son about ownership in 2015. THEY have said written these things...statutes also say they had opportunity before any objections had timed out. The sisters now claim that their signatures were forged, and they never said... why are we still having to go through an expensive litigation because of obvious lies on their part. Also, the 'estate' was worth about $30K...the house in dispute was a wreck and it is now only up to par. Sisters have no evidence, just tear our evidence apart and threaten us with these 'smoking gun' witnesses and 'eleventh hour' revelations! Not our words, but their lawyer when he submits more garbage to the court. The court's estate assessors report is mostly in our favor and their lawyer has submitted two different responses to the report, picking apart every statement they made, calling my husband an embezzler, fraud, and myself the forger. The judge has yet to make a decision.

[@AlDavLaw]

Sorry to hear what you are going through. Unfortunately, in our system of justice once someone files a lawsuit based on allegations it can only be disposed of by the court (in most cases) by way of a trial. And typically it takes around 18 to 24 months or longer to get a trial date. The process can be long and difficult to navigate, both mentally and financially. But under Due Process of Law, the judge can only make a forced decision once everyone has a fair chance to present their evidence in court--that's what a trial is. Even when you have a winning case, you still have to go through the process. The only other option is if the parties agree to a voluntarily settlement. That happens in a majority of cases, but you cannot force the other side to settle. You have to fight on until settlement or trial, whichever occurs first. Winston Churchill once said "If you're going through hell, keep going." There's light at the end of the tunnel; just not a soon as you'd like. We wish you the best of luck.

[@vernahrris5601]

@@AlDavLaw Thank you so much for this advice... it honestly helps to hear it from someone else! I never knew what a long, drawnout and painful event all this can be...

[@suesnoble]

I have to provide 2 years of text messages for discovery for trust trial. Any suggests of how to get text messages into a file and be able to remove just those messages that don’t pertain to the case? It took me over 20 hours to cut and paste. Now they want additional messages. Looking for a better way to gather and preserve the messages.

[@elizabethulibarri9400]

What if you have a photo of a letter from a client that wasn't a beneficiary in 2017 when my client didn't have a POA but was her financial advisor and my client had several annuities showing where he took off the beneficiary that was on the there and added his wife as the primary beneficiary and she received 480k from those annuities and my client didn't even know her financial advisor wife? When I asked my client if she knew his wife she said no!

[@AlDavLaw]

That sounds like a case of potential financial elder abuse. Your client needs to file in court immediately.

[@jillspady6450]

Stewart, you didn't go to your mother's birthday! 😂😂😂

[@AlDavLaw]

🤣 Poor Stewart having to be the example. Of course he did! He's a good son.

[@MadOldMan-ck5wq]

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[@wallaceharper8560]

*Promosm* 😞