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  1. #1

    Default Upcoming Mediation

    My question involves estate proceedings in the state of: California
    Long story short, my mom was designated second in line to inherit her sister's estate (nothing but a home) Her sister designated her one daughter to inherit everything in the trust. All done by an attorney and I believed signed off by the other family member that is accusing my mom and her sister with financial elderly abuse. All my mom did was tell her what attorney she used in her estate and drive her to the appointment. Nothing else; wasn't in on the meeting and did not make any suggestions on what she should have the attorney do. Seven years later and after her passing, my mom is now hit with this lawsuit. I don't understand why it wouldn't be in criminal court but ok. Judge mandated mediation. My mom want's zero to do with this estate, never has. Has always been financially stable.
    Any suggestions on mediation defense?
    I'm going with her and we just got a petition in support of the case against my mom from a family member against my mom that was done 6 days before sched mediation and received on three days before it. Is that within the time allowed? Can I make a statement on behalf on my mom or do I need to write one down and if so, does it have to be in any specific format or can I just write it.
    Since the court order mediation, does that mean we have to be there for a specific amount of time esp. if they continue to want something like $1.3 million dollars on a home that maybe worth $400k. Can we just walk out?
    Can my mom counter sue on the same grounds of what she is being accused of?
    This all seems rather insane and I'm not sure if her attorney is on the ball.
    Any help would be nice.
    THanks

  2. #2
    Join Date
    Oct 2006
    Posts
    16,382

    Default Re: Upcoming Mediation

    Quote Quoting Riker0007
    View Post
    My question involves estate proceedings in the state of: California
    Long story short, my mom was designated second in line to inherit her sister's estate (nothing but a home) Her sister designated her one daughter to inherit everything in the trust. All done by an attorney and I believed signed off by the other family member that is accusing my mom and her sister with financial elderly abuse. All my mom did was tell her what attorney she used in her estate and drive her to the appointment. Nothing else; wasn't in on the meeting and did not make any suggestions on what she should have the attorney do. Seven years later and after her passing, my mom is now hit with this lawsuit. I don't understand why it wouldn't be in criminal court but ok. Judge mandated mediation. My mom want's zero to do with this estate, never has. Has always been financially stable.
    Any suggestions on mediation defense?
    I'm going with her and we just got a petition in support of the case against my mom from a family member against my mom that was done 6 days before sched mediation and received on three days before it. Is that within the time allowed? Can I make a statement on behalf on my mom or do I need to write one down and if so, does it have to be in any specific format or can I just write it.
    Since the court order mediation, does that mean we have to be there for a specific amount of time esp. if they continue to want something like $1.3 million dollars on a home that maybe worth $400k. Can we just walk out?
    Can my mom counter sue on the same grounds of what she is being accused of?
    This all seems rather insane and I'm not sure if her attorney is on the ball.
    Any help would be nice.
    THanks
    I am confused. Did your aunt's daughter die before your aunt did, and therefore your mother is the trust beneficiary now? If so, who is the other family member who is challenging this? If your aunt's daughter did NOT die before your aunt did, then why is your mother even involved in the dispute?

    If your mother truly wants nothing to do with the estate, then why isn't she just telling her attorney that?

    And what do you mean by "they continue to want something like 1.3 million on a house that is maybe worth 400 thousand"? Who is they and what is their rational by such an apparently absurd demand?

  3. #3
    Join Date
    Mar 2013
    Posts
    18,155

    Default Re: Upcoming Mediation

    Quote Quoting Riker0007
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    I'm not sure if her attorney is on the ball.
    I doubt that you have any real understanding of what's happening.

    I think you and your Mom should see her attorney together and have it all explained to you.

  4. #4

    Default Re: Upcoming Mediation

    Sorry for the confusion. My mom's sister has two daughters and she passed and everything was to go to one daughter that took care of her and did not steal etc. My mom was put as second, third was another sister.
    My mom's sister decided to changer her trust/estate like 6 years or so before she passed all done by an attorney. Apparently the daughter suing, signed off on it at that time, but now claims she did not know what she was signing or something to that fact.
    My mom advised her attorney, that she wanted nothing of this estate and the claim against her for elderly financial abuse was absurd. All she did was tell her sister where she had her trust done/what attorney she used and drove her sister to the appointment. That's it. Her sister decided to put her on as second trustee.
    Apparently, before the judge, my mom's attorney requested to be removed from trust, but it was denied and ordered mediation. This is why it seems that the very thing they have accused my mom of, they are doing including the attorneys. The plaintiff is basically accusing my mom of coercing her older sister in changing her trust (6 years before any onset of illness, all done legally) with the one daughter that is set to get the house. So plaintiff, the other daughter, is suing for 3x the value of the estates worth. I have no idea why they think they are entitled to that much.
    It's so frustrating as they have made my mom retain an attorney for all this, costing her a fortune of her savings, and the time and stress involved.
    Thanks for the reply. Any help is sincerely appreciated.

    Quote Quoting adjusterjack
    View Post
    I doubt that you have any real understanding of what's happening.

    I think you and your Mom should see her attorney together and have it all explained to you.
    I'm going to the mediation with her, but I have read all the info. Nothing in there accusing my mom of what she is being charged with. Makes no sense as she said she told everyone she wanted nothing to do with the estate and never has and will sign off on that. I don't think she even knew she was place as second trustee.

  5. #5
    Join Date
    Jul 2018
    Posts
    2,588

    Default Re: Upcoming Mediation

    Quote Quoting Riker0007
    View Post
    Any suggestions on mediation defense?
    Yes. She should follow the advice of her attorney. No one here is competent to make any other suggestions because no one here knows squat about the case beyond the handful of sentences in the first paragraph of your post.


    Quote Quoting Riker0007
    View Post
    we just got a petition in support of the case against my mom from a family member against my mom that was done 6 days before sched mediation and received on three days before it. Is that within the time allowed?
    It's not really clear what you're talking about, but a mediation isn't a hearing (much less an evidentiary hearing). A mediation is an effort to settle the case, and the mediator's job is to try and facilitate settlement.


    Quote Quoting Riker0007
    View Post
    Can I make a statement on behalf on my mom or do I need to write one down and if so, does it have to be in any specific format or can I just write it.
    You can make all the statements you like, but you should not put anything in writing unless advised to do so by your mother's attorney.


    Quote Quoting Riker0007
    View Post
    Since the court order mediation, does that mean we have to be there for a specific amount of time
    No.


    Quote Quoting Riker0007
    View Post
    Can my mom counter sue on the same grounds of what she is being accused of?
    Anyone can sue anyone for anything, but nothing in your post suggests that your mother has any valid legal claim against anyone.


    Quote Quoting Riker0007
    View Post
    I'm not sure if her attorney is on the ball.
    Since you've given us no reason to believe you have any competency to assess a lawyer's performance, this is a rather pointless statement.

    I suggest your mother seek to confer with her lawyer a day or two before the mediation so that she is prepared for what is likely to happen.

    P.S. That your mother wants nothing to do with the estate means nothing. If the sole cause of action is financial elder abuse, that can only have occurred before her sister died.

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