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  1. #1
    Join Date
    Feb 2014
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    Default How to Collect Money from an Estate That is Violating an Agreement With a Beneficiary

    My question involves court procedures for the state of: tx, I entered into a agreement to go to rehab for ptsd for 3 months with my parents estate. I ended up satisfying the terms of the agreement to receive the check and now they are withholding my check and trying to add other terms to receive it.I have proof that I completed the terms of the agreement plus have the agreement in a email. Is this good enough to enter into arbitration for? The check is for more than 10k but less than 20k so I couldn't go to small claims over it.

  2. #2
    Join Date
    Jan 2006
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    Default Re: Suit for Violating Agreement

    Where is the money from (a trust maybe or distribution of the estates possibly?) With whom did you make this agreement?

  3. #3
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    Default Re: Suit for Violating Agreement

    Quote Quoting jk
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    Where is the money from (a trust maybe or distribution of the estates possibly?) With whom did you make this agreement?
    made the agreement with the trustees of my parents estate, assuming it would come out of the estate.

  4. #4
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    Default Re: Suit for Violating Agreement

    Quote Quoting D-town
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    made the agreement with the trustees of my parents estate, assuming it would come out of the estate.
    Trustees control a trust. Executors or administrators control an estate. They are two entirely different types of situations so what applies to one doesn’t apply to the other.

    So, is this a trust with trustees or the probate of your parents estate with an executor or personal administrator?

  5. #5
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    Default Re: Suit for Violating Agreement

    Quote Quoting jk
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    Trustees control a trust. Executors or administrators control an estate. They are two entirely different types of situations so what applies to one doesn’t apply to the other.

    So, is this a trust with trustees or the probate of your parents estate with an executor or personal administrator?
    trust with trustees.

  6. #6
    Join Date
    Mar 2013
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    18,340

    Default Re: Suit for Violating Agreement

    Do you have a copy of the trust documents?

    Did the trust terms and conditions require you to go to rehab or give the trustee discretion over the conditions under which you got your money?

    If not, the trustee may have messed up by holding your money hostage in the first place.

    I suggest you consult a trust attorney and review your options.

  7. #7
    Join Date
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    Default Re: Suit for Violating Agreement

    Quote Quoting D-town
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    trust with trustees.
    Tdo you have a copy of the trust documents? If not, get one.

    Then read it. If you don’t understand it, take it to an attorney who can interpret it for you. The trustees are obligated to act as the rules of the trust direct. The trustees may have great discretion in distributing the assets. Not all trusts are designed to be paid out in any quick fashion. In your situstion, if you have been a drug user for a considerable time I can see where your parents could have set it up to not allow you access to the money until certain milestones in treatment have been reached.

    For all we know you are not slated to ever recieve the assets of the trust.

    Each trust has its own rules so to know if the trustees have acted innapropriately yluhave to read the trust documents and go from there.

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