Q: What kind of lawyer could handle a dispute over matters of a trust dispute between co-trustees?
My sister(co-trustee) has spent her own money on lawn maintenance at my deceased father's house and now is demanding to be reimbursed from the trust. The trust clearly states that while she is living there she is to assume responsibility for general maintenance, upkeep, utilities, etc. It also states that both trustees need to be in agreement for any work to be done and there is a dual signature bank account for such purposes. I told her that I would not agree to the trust paying for the work to be done as delivery of top soil, adding lime, reseeding and trimming trees because I believe that maintaining a lawn is considered general maintenance. She went ahead with the work despite my objection. The lawn had been neglected for years while my father was alive, and he didn't want to spend money on it. The trust states if there are disagreements it should be taken to arbitration. She wants to go to a mediator hoping that a mediator will make a decision about this issue.
A: A Virginia attorney could advise best, but your question remains open for two weeks. What kind of attorney? You could reach out to attorneys who handle trusts, wills, and estates. You're correct in your selection of the "Arbitration/Mediation" heading for your matter, since you are dealing with a forum selection provision requiring arbitration for resolution of disputes. But as for the substantive law issues that you'll be dealing with at arbitration, attorneys in the trusts & estate law-related practice areas would have insight into those. You mention your sister prefers mediation - I'm not certain if you're using the terms loosely, as is sometimes done. Arbitration and mediation are not the same - the former is generally binding. Good luck
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