Summary
Verbal agreements in Indiana can be legally binding but are often difficult to enforce without clear evidence. If a trusts lawyer claims a verbal agreement exists, request documentation or evidence to clarify the situation. Prepare to address any discrepancies in estate asset accounting by gathering relevant documents and evidence. If necessary, object at the hearing with your findings.Full Conversation
I have evidence that a trustee has not been accounting for all of the assets of the estate. This asset is also not accounted for in a recent formal accounting shared by the trusts lawyer. Should I try to work with the lawyer directly? Or object to the accounting with evidence and await the hearing in January?
It might be beneficial to directly address your concerns with the trust's lawyer first, as it could lead to a quicker resolution. However, if you do not receive a satisfactory response, you should prepare to object to the accounting with your evidence at the hearing in January.
Do you have all the necessary documents and evidence ready to present at the hearing?
i do not know
Hey ****! It's important to be prepared. Here's what you can do:
- Gather all documents and evidence related to the missing asset.
- Contact the trust's lawyer to discuss your concerns.
- If not resolved, be ready to object at the hearing with your evidence.
Do you need help identifying the necessary documents?
yes
Hey ****! To help identify the necessary documents, you should gather:
- Trust documents and amendments.
- Formal accountings provided by the trustee.
- Any correspondence related to the estate's assets.
- Evidence of the missing asset (e.g., financial statements, receipts).
Do you need guidance on how to contact the trust's lawyer?
can i be held accountable to a verbal agreement in the same way i could a formal one?
Hey ****! In Indiana, verbal agreements can be legally binding, but they can be harder to enforce than written ones. Key points to consider:
- Proof: You need clear evidence of the agreement (witnesses, emails, etc.).
- Type of Contract: Certain contracts, like real estate deals, must be in writing.
Do you have specific details about the verbal agreement you're concerned about?
none other than the trusts lawyer states one was made last january
Hey ****! Thanks for the info. In Indiana, verbal agreements can be binding but are often hard to prove. Since the trust's lawyer mentioned a verbal agreement from last January, it might be helpful to request any documentation or evidence they have regarding that agreement.
Do you need help drafting a request to the lawyer for this information?
yes
Hey ****! Here's a simple draft for requesting information about the verbal agreement:
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Dear [Trust's Lawyer's Name],
I hope this message finds you well. I am writing to request any documentation or evidence related to the verbal agreement mentioned from January. This will help me better understand the situation and ensure all parties are on the same page.
Thank you for your assistance.
Best regards, ****
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