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Title: Settlement Facilitation? Or work out an offer without facilitation? Post by: toomanydogs on January 11, 2019, 10:36:35 AM Things here have started to move forward, and I have a question:
Given that I don't trust that my FIL has revealed all assets, is it better to accept a reasonable offer from him (not sure that I'll get a "reasonable" offer) or go through discovery? I'm waiting to find out what kind of offer the other side is prepared to make. I won't accept the first offer because that family always negotiates. I'm leaning towards requesting discovery and settlement because I'm thinking he'd be more apt to remain honest that way. Happy weekend, everyone! TMD Title: Re: Settlement Facilitation? Or work out an offer without facilitation? Post by: worriedStepmom on January 14, 2019, 10:54:59 AM Do you have a ballpark idea in your head of what the assets actually are, so that you'll know if his offer is reasonable or not?
Does your lawyer have a plan to make sure that discovery is actually complete? I wouldn't put it past your FIL to not disclose everything he is supposed to disclose. Title: Re: Settlement Facilitation? Or work out an offer without facilitation? Post by: toomanydogs on January 14, 2019, 07:08:48 PM Do you have a ballpark idea in your head of what the assets actually are, so that you'll know if his offer is reasonable or not? Does your lawyer have a plan to make sure that discovery is actually complete? I wouldn't put it past your FIL to not disclose everything he is supposed to disclose. Hi worried, Yes, I have a ballpark idea of the worth of the assets. A few years ago (maybe 2013 or 2014) when FIL was visiting, he told me what my STBX was worth. My guess is he didn't reveal STBX's total worth but I'm fine using that figure. I don't how those assets are distributed. Some I know may be in cash. Some are tied up in the house. What my L and I requested in discovery focused on a few items that I happen to know about--an additional trust, some stocks, and retirement benefits. So if he fails to reveal those we'd know. Additionally, if we go to discovery L and I are planning on hiring a forensic CPA, who specializes in determining worth in cases like these. My guess is that FIL would prefer not going through discovery. In fact, he had been angry with his lawyers because they couldn't narrow the scope of discovery as he'd wanted. We'll see what happens, TMD Title: Re: Settlement Facilitation? Or work out an offer without facilitation? Post by: GaGrl on January 14, 2019, 07:41:37 PM I'd go for discovery and the forensic accountant. Otherwise, you'll never know.
Title: Re: Settlement Facilitation? Or work out an offer without facilitation? Post by: toomanydogs on January 14, 2019, 07:55:35 PM I'd go for discovery and the forensic accountant. Otherwise, you'll never know. Hi Gagrl,That's where I'm leaning unless the offer is really really close to my original offer. In that case, I'd be fine. I'm looking for fair and reasonable, and my initial offer was quite fair, so if it's close to that, I'm good. TMD |