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  #1 (permalink)  
Old 09-10-2008, 07:58 PM
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Join Date: Sep 2008
Location: kansas
Posts: 6
Question Forced into signing release & hold harmless

Quick question, I was forced into signing the document below prior to getting a distribution, does this mean I have no future legal recourse against the trustee. Thank you

- 1 -
THE BILLIE JEAN CAMPBELL IRREVOCABLE TRUST OF 1988
INDEMNIFICATION, RELEASE AND HOLD HARMLESS AGREEMENT
I, WILLIAM TRAVIS CAMPBELL, am the beneficiary of a
separate share for my benefit of THE BILLIE JEAN CAMPBELL
IRREVOCABLE TRUST OF 1988 signed March 6, 1990 by BILLIE JEAN CAMPBELL as Trustor (the “Trust”).
I acknowledge that I have received pertinent financial
information regarding the Trust through the date of this
Indemnification, Release and Hold Harmless Agreement and that I affirm the Trustee’s acts as shown therein.
I, on behalf of myself, my descendants, my heirs,
executors, administrators, successors, assigns and agents, make this Indemnification, Release and Hold Harmless Agreement in order to induce JEROME BRAUNSTEIN, as Trustee, to distribute all of the current principal and any accrued income of the Trust (the “Distribution”) to me and pursuant to my demands for distribution of my entire share of the Trust. I acknowledge that the Trustee
is authorized, but is not required, to make the Distribution to me as requested, pursuant to the terms of Article Five, Paragraph 2 or Paragraph 8 of the Trust. I further acknowledge and agree that, if made, the Distribution shall be reduced by the
amount of Fifteen Thousand Dollars ($15,000) which the Trustee, in the Trustee’s discretion, has determined to withhold as a reserve for future costs and fees (the “Reserve”).
Further, I acknowledge and agree that notice of the
proposed Distribution shall be given to Brian Moore, Esq., on behalf of Alexandria (“Andria”) Campbell at least thirty (30) days prior to the Trustee making the Distribution. If any objections are made to the proposed Distribution, the Trustee may refrain from making the Distribution pending entry of a judgment in a court of law having appropriate jurisdiction over the matter, requiring the Trustee to take certain actions or make certain distributions, prior to making the Distribution.
Therefore, I hereby:
1. Acknowledge that I have provided JEROME BRAUNSTEIN
as Trustee with certain information regarding my personal
financial circumstances and warrant that this information is true and may be relied upon by the Trustee.
- 2 -
2. Indemnify and hold JEROME BRAUNSTEIN, individually
and as Trustee, WILLIAM E. BRAUNSTEIN, individually and as an accountant for the Trustee, GUDVI SUSSMAN & OPPENHEIM, as accountants for the Trustee, and all of their attorneys and agents, harmless from any and all liability to any person or claims made by any person arising from his reliance on any personal financial information from me and from making the Distribution to me at this time or arising from any other matter, including, but not limited to, the prior administration of the Trust and all prior distributions to me or pursuant to my direction. Any and all claims by any individual for whose
benefit the Indemnification, Release and Hold Harmless Agreement has been given may be satisfied from any assets or distributions to which I am entitled under the terms of the Trust, as well as from any other assets I may have or control and the
aforementioned Reserve. 3. Release and discharge JEROME BRAUNSTEIN,
individually and as Trustee, WILLIAM E. BRAUNSTEIN, individually and as an accountant for the Trustee, GUDVI SUSSMAN & OPPENHEIM,
as accountants for the Trustee, and all of their attorneys and agents, from any and all claims, known or unknown, suspected or unsuspected, which I may have arising from any matters in connection with the Distribution or arising from any other matter, including, but not limited to, the prior administration of the Trust and all prior distributions to me or pursuant to my direction.
4. Acknowledge that I am familiar with California
Civil Code Section 1542, which states:
“A general release does not extend to claims which
the creditor does not know or suspect to exist in
his favor at the time of executing the release,
which if known by him must have materially
affected his settlement with the debtor.”
5. Waive any right which I have or may have under
said Section 1542 to the full extent that said provisions may be waived, as I intend to give a complete general release notwithstanding the discovery or existence of additional or different facts.
6. Agree and confirm that the above indemnifications,
hold harmless provisions, and releases are binding upon me, my descendants, my heirs, executors, administrators, successors,
assigns and agents.
- 3 -
7. Acknowledge that I have an attorney of my own
selection, who has independently advised me concerning the
content, meaning and effect of my entering into this Agreement.
8. Acknowledge that Paragraph 10 of the Trust
provides that my interest in the Trust shall not be subject to the claims of my creditors.
9. Acknowledge constructive receipt of the distribution and further direct and authorize the Trustee, as my agent, to transfer the Distribution on my behalf as set forth below in this paragraph. I further agree to provide such additional information to the Trustee as may be appropriate or necessary for the completion of the Distribution. Moreover and in exchange for the Trustee serving as my agent pursuant to this Paragraph 9, I hereby release and discharge JEROME BRAUNSTEIN,
individually and as Trustee, WILLIAM E. BRAUNSTEIN, individually and as an accountant for the Trustee, GUDVI SUSSMAN & OPPENHEIM,
as accountants for the Trustee, and all of their attorneys and agents, from any and all claims, known or unknown, suspected or unsuspected, which I may have arising from any matters in connection with the Distribution set forth as follows:[list payments to be made]
Dated: _________________ _______________________________
WILLIAM TRAVIS CAMPBELL
ACKNOWLEDGED:
________________________________
JEROME BRAUNSTEIN, Trustee
H:\CLIENTS\Ab\Braunstein.Bill\Release & Indem (2007) v2.wpd
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Old 09-10-2008, 08:25 PM
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Join Date: Nov 2006
Posts: 1,620
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Depends.

What are you trying to accomplish?

If you were forced at gun point, or under duress under threat of loss of life or limb, sure you have recourse. Obviously, I am exaggerating, but you get the idea.

What are you trying to do? If you are trying to get more money or dispute the amount you got as being inadequate, then no, I believe you are dead in the water.

But if you want to sue for literally being forced to sign and can prove it--you may be able to---but still not sure that affects the distribution letter---especially since it was signed 18 years ago.
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Old 09-10-2008, 11:38 PM
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Join Date: Sep 2008
Location: kansas
Posts: 6
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thank you for your insight, the release was signed only a year ago, my brother still has funds in the trust. I wanted to have his fees reviewed .
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Old 09-11-2008, 05:24 AM
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Posts: 1,620
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Quote:
Originally Posted by ensumbledeux View Post
thank you for your insight, the release was signed only a year ago, my brother still has funds in the trust. I wanted to have his fees reviewed .

If the document was agreed to and signed, I cannot imagine having any recourse at this point unless, as I mentioned, there was really substantial duress or force used to make him sign.
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