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Trustee Mediation Delay Tactics
Summary
In Indiana, if a trustee is delaying mediation in a breach of trust case, beneficiaries can file a motion to compel mediation. However, if the judge is sympathetic to the trustee, beneficiaries may face challenges. The trustee might use tactics like requesting continuances or filing counter-motions to delay proceedings. Beneficiaries should document these delays and consider filing formal complaints if judicial bias is suspected. Gathering evidence and seeking guidance from legal aid organizations or the Indiana State Bar Association can be beneficial. If the trustee attempts to cancel court dates, beneficiaries can file objections and request expedited hearings.Full Conversation
darryn
Hi Darryn! How can I assist you with your legal issue today?
Mediation was ordered for a breach of trust case. The trustee has withheld distribution for 2 years over personal grievances. Mediation wax scheduled, then cancelled by the mediator. Then scheduled again with agreement from all parties, and then cancelled again by the trustee stating she plans to be out of town now on that day. This is a delay tactc and has been employed in the past. The judge is extremely sympathetic to the needs of the trustee and has allowed embezzlement and mismanagement to go unaddressed despite evidence. What is the best course of action for the beneficiaries who are tyriong to get this wrapped up
Hi Darryn! It sounds like a frustrating situation. Here are some steps you could consider:
- File a motion to compel the trustee to attend mediation.
- Request a court order for sanctions against the trustee for delaying tactics.
- Seek to appoint a new trustee due to the current trustee's misconduct.
Would you like to be connected to a local lawyer who can assist you further?
- File a motion to compel the trustee to attend mediation.
- Request a court order for sanctions against the trustee for delaying tactics.
- Seek to appoint a new trustee due to the current trustee's misconduct.
Would you like to be connected to a local lawyer who can assist you further?
the judge refuses to appoint a new trustee and blames the beneficiaries for the hold up in the case. How long should they wait to file a motion to compel, which is highly likely to be rejected
In Indiana, you can file a motion to compel at any time if you believe it is necessary to move the case forward. However, it might be beneficial to consult with a local attorney to strategize the best timing and approach. Would you like assistance connecting with a local lawyer who specializes in trust and estate issues?
no attorney is willing to represent the beneficiaries
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It appears that you have taken several steps to resolve this issue and are facing a challenging situation. Given the circumstances, it might be useful to gather more evidence and documentation to strengthen your case, or seek assistance from legal aid organizations that might provide support in such situations. Consider contacting the Indiana State Bar Association for potential resources or guidance on your next steps.
It appears that you have taken several steps to resolve this issue and are facing a challenging situation. Given the circumstances, it might be useful to gather more evidence and documentation to strengthen your case, or seek assistance from legal aid organizations that might provide support in such situations. Consider contacting the Indiana State Bar Association for potential resources or guidance on your next steps.
if a motion to compel is filed, what strategies can the trustee use to delay the process assuming she keeps the very sympathetic ear of the judge
Case Rating: *
In Indiana, some strategies the trustee might use to delay the process after a motion to compel is filed include:
- Requesting extensions or continuances.
- Raising objections or procedural issues.
- Filing counter-motions or appeals.
- Arguing for additional discovery or mediation sessions.
Consider documenting these delays and raising them formally in court.
In Indiana, some strategies the trustee might use to delay the process after a motion to compel is filed include:
- Requesting extensions or continuances.
- Raising objections or procedural issues.
- Filing counter-motions or appeals.
- Arguing for additional discovery or mediation sessions.
Consider documenting these delays and raising them formally in court.
what counter motion might they try?
Case Rating: *
In Indiana, some potential counter-motions the trustee might try could include:
- Motion to dismiss the motion to compel.
- Motion for reconsideration of mediation dates.
- Motion to modify the terms of mediation.
- Motion for additional discovery.
These tactics could be used to further delay the process. Keep detailed records of these delays and present them in court.
In Indiana, some potential counter-motions the trustee might try could include:
- Motion to dismiss the motion to compel.
- Motion for reconsideration of mediation dates.
- Motion to modify the terms of mediation.
- Motion for additional discovery.
These tactics could be used to further delay the process. Keep detailed records of these delays and present them in court.
court is scheduled for May. My suspicion is that the trustee will try to have that date cancelled stating they are workign to get mediation rescheduled. What is the best course of action if that happens? The judge will only schedule this case 6 months or more out at a time to afford the trustee maximum opportunity to drain wealth from the estate
Case Rating: *
If the trustee tries to cancel the May court date, consider the following steps:
- File an objection to the trustee's request to reschedule.
- Present evidence of the trustee's delay tactics to the court.
- Request an expedited hearing to address the trustee’s misconduct.
Would you like more detailed guidance?
If the trustee tries to cancel the May court date, consider the following steps:
- File an objection to the trustee's request to reschedule.
- Present evidence of the trustee's delay tactics to the court.
- Request an expedited hearing to address the trustee’s misconduct.
Would you like more detailed guidance?
these suggestions are good, but dont address the fact that the judge will not support the beneficiaries at this time. she is only interested in helping the trustee
Case Rating: *
It sounds like you're in a really tough situation. Here are a few more specific suggestions to consider:
- File a Formal Complaint: If you believe the judge is biased, you can file a formal complaint with the Judicial Qualifications Commission.
- Appeal to a Higher Court: If the judge’s decisions are clearly biased, consider appealing to a higher court.
Would you be open to exploring more options?
It sounds like you're in a really tough situation. Here are a few more specific suggestions to consider:
- File a Formal Complaint: If you believe the judge is biased, you can file a formal complaint with the Judicial Qualifications Commission.
- Appeal to a Higher Court: If the judge’s decisions are clearly biased, consider appealing to a higher court.
Would you be open to exploring more options?
yes please
Case Rating: *
Would you like to be connected to local lawyers who can better assist you with your case?
Would you like to be connected to local lawyers who can better assist you with your case?
no
Case Rating: *
Given the complexity and persistence of your issue, it might be beneficial to gather as much evidence as possible and consider all legal avenues, including filing formal complaints or appeals. Since you declined to connect with a local lawyer, it may also help to reach out to legal aid organizations or the Indiana State Bar Association for further guidance and support.
Given the complexity and persistence of your issue, it might be beneficial to gather as much evidence as possible and consider all legal avenues, including filing formal complaints or appeals. Since you declined to connect with a local lawyer, it may also help to reach out to legal aid organizations or the Indiana State Bar Association for further guidance and support.
what case details would one upload to you?
Case Rating: *
For your situation, here are some key details you might want to gather and upload if seeking legal assistance:
- Case Background: A detailed summary of the breach of trust case, including the trustee's misconduct and delay tactics.
- Court Orders/Motions: Copies of any court orders, motions filed, and responses.
- Evidence: Documentation of the trustee's mismanagement, embezzlement, and delay tactics.
- Communications: Records of all communications between the trustee, beneficiaries, and the mediator.
- Judge's Decisions: Details on the judge's decisions and perceived bias.
These documents can help build a stronger case and provide a clearer picture for any legal advisors or organizations assisting you.
For your situation, here are some key details you might want to gather and upload if seeking legal assistance:
- Case Background: A detailed summary of the breach of trust case, including the trustee's misconduct and delay tactics.
- Court Orders/Motions: Copies of any court orders, motions filed, and responses.
- Evidence: Documentation of the trustee's mismanagement, embezzlement, and delay tactics.
- Communications: Records of all communications between the trustee, beneficiaries, and the mediator.
- Judge's Decisions: Details on the judge's decisions and perceived bias.
These documents can help build a stronger case and provide a clearer picture for any legal advisors or organizations assisting you.
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