In what WAYS could beneficiaries force a quick desolution of a trust
and disbursment of its' assets(Assume assets vulernable to creditors)?
Such as, could benef. sue themselves (contracting with corportion they
are sole stockholders of)for some form of self-debt-incursion and recover
from trust? Thinking outside box required!! |
Request for Question Clarification by
expertlaw-ga
on
10 Nov 2002 22:31 PST
Dear jack1425-ga,
Courts usually try to give effect to the grantor's wishes. It may be
possible to demonstrate to a court that the continuation of the trust
somehow frustrates the grantor's wishes, but to do so it will be
necessary to know the type of trust at issue, the language of the
trust and whether or not the grantor is around so as to clarify his
wishes. (I recognize that you may not want to be that specific in a
public forum.)
I will apologize for the fact that my training leads me to seek "tried
and true" methods ahead of brainstorming new theories, as, when
presented with novel theories for relief, courts frequently ask,
"Where's your authority?" Even when no "conventional" remedy is
available, it helps to demonstrate how a novel theory is supported
inferentially by state law, or has been followed in other states. How
creative do you want the answer to this question to be?
- expertlaw
|
Clarification of Question by
jack1425-ga
on
11 Nov 2002 10:00 PST
Well, let's say there are those that can manipulate the system for
they are the "power structure". They are capable and able to do most
anything with impunity so staying with'n the box just assures their
victory. There seems enough paper evidence left, cause they believe
themselves above God, to support alligations of every crime but "J"
walking so how could that used. In court, it would be surpressed as
interrogatories, depositions, and most other requests. They also
seem able to effect counsels decisions. Thier weaknesses is arrogance
and a paper trail like the yellow brick road.
|
Clarification of Question by
jack1425-ga
on
14 Nov 2002 21:30 PST
I do thank you for your responses. I realize the real question has
nothing to do with Law or how to apply it. Rather, the issue is,
could I survive sueing a business/political/criminal enterprise. What
would be the point of such a sacrifice, if the best I could expect
would to be buried when they felt threatened. Winning, what was I
thinking?
|
