Hi expertlaw - hey, I didn't know you could request a particular
researcher!  Just makes my day and it couldn't have happened at a
better time!  I'm upping the price this time only because *you are
sOOoo worth it!*  Here is my question:  My family receives royalties
from a rock quarry in Kentucky that is operated by a huge corporation.
 We are in the midst of a 10 year renegotiation in our royalty payment
that must be determined within the context of the lease and the
confines of a strict set of rules concerning arbitration (none
benefiting the family's side).  Through the efforts of our current
trustee/bank, we have obtained a sizeable increase in the royalty
payment.  Several of the beneficiaries, however, are involved in a
lawsuit against the current trustee/bank and want the trust moved
probably in order to win their case, which I was told was mandatory in
order for them to win.  Several other beneficiaries want to proceed to
arbitration without a care in the world as to the risks involved in
doing that, as they have small shares of the trust and have nothing to
lose.  These 75% majority of these family members have banned together
and have solicited a bank in another state to assume the trust based
on "lack of confidence", "lack of family harmony" etc. on the part of
our current trustee.  This is only a smoke and mirrors ruse, of
course, to achieve their seperate agendas.  In the meantime, I have
spent an abhorent amount of money on expert witnesses, negotiators,
attorneys, even a court action where an independent judge reviewed the
actions and procedures taken by our current trustee and subsequently,
ordered the results to be accepted.  Of course, these family members
appealed the decision.  They do not want to accept the judge's order,
the experts (renowned in their field), etc. because they have found
through "expert shopping", an "expert" who will champion their cause.
I have been through 20 years of this - changing trustees, fighting
imaginary foes, paying for lawsuits based on paranoia, threats against
the operator - you name it, the costs go on and on.  In the past, I
have been able to fend off "take-over bank/trustees" by simply telling
them the truth and showing them proof -that they would, obviously, be
the next ones to be sued.  I've talked with over 6 banks. Now,
however, we are faced with a bank that I was told by its trustee,
"didn't care about lawsuits" and are obviously only interested in
lining their pockets.  Their "Letter of Understanding" to the family
reads like an extortion note - the family has obviously implied - you
do this for us and we'll give you the contract.  Here's the question
(whew,huh!).  How do my cousins and I prevent this bank from taking
over and, more importantly, what do we need to do legally to have
recourse against them should they obtain less money than our current
offer with our current trustee?  Our current trustee will not fight
the takeover even if it's their fiduciary responsibility - due to a
technical glitch in our contract.  They don't have to and, well, can
you blame them?  We have asked repeatedly for this new bank's
"resident agent" to make them aware BEFOREHAND of the precarious
position they are placing us and themselves in, but they simply will
NOT give us this name.  Checking on the internet with the Secretary of
State only leads to a prior resident agent (the bank was taken over by
a holding company) of the former bank and the location is now a
defunct office.  The board of directors of the bank and the CEO only
list their names, not their addresses, and there are several branches
in which they could be located.  The bank is located in Oklahoma and I
and my cousins live in Michigan and Tennessee.  If we file a grievance
with the O.C.C. or the banking commissioner, it may take months and we
have only days since we've been excluded from the negotiatons going on
behind our backs for months.  We are willing to fly to Oklahoma.  What
actions can we take when we get there to ensure the "right" people
will look beyond the profit incentive and will be more interested in
their fiduciary concerns?  Should we get an attorney to accompany us
to the bank?  Would that make a difference?  There is another extemely
important hitch here. We have uncovered evidence that could lead to a
disatrous outcome if the trust is assumed by another entity.  We would
be forced to reveal it or it may even come out on its own. Our current
trustee has no knowlege of it as we, ourselves, only recently found
out.  And no, the family wouldn't care.  As I said before, they live
their lives assuming a scorched earth, "take no prisioners" stance. 
Expertlaw - I'm completely out of ideas.  The meeting with the family
and the new bank is tomorrow and the bank will be arriving with
"indemnity" agreements that the family is more than willing to sign. 
Since they have a 75% majority (the only requirement to move the
trust) does that preclude my cousins and I from suing this new bank? 
Maan, even TYPING the word "sue" makes my blood run cold! GAH! Can you
maybe give us your suggestions for a blow by blow game plan after
flying to Oklahoma to meet with them next week?  Thank you so very
much - I should've told you to bring a cup of coffee to your desk
before reading this! Sorry! I'll make it up in your tip! Hope you can
help...CR