Everything you can think of I think has gone wrong with my case, right from the start, it is such a mixed up mess from everyone that I hired to things for me; My health is suffering and I can't imagine how to get out of this mess created by me because of other people involved that don't seem to know what they are doing, and don't seem to be able to handle a case like this proper, no one but me that is.. I just can't believe it has gotten so tangled up for three almost four years. Probate Case, that shouldn't even be in probate because there is no money in the estate, it all belongs to me that was listed, that I didnt know happened until I got into the accounting and tracking; now its 3 years later..and all that money was a waste, and I am still caught up in probate.. how do you put an end to this?Judge ordered me to turn over the assets and everything that belongs to the estate, so I didnt turn over anything cause nothing belongs in the estate (ownership), Then he put me in jail for coc for not turning anything over. How does that happen to someone?
Let me make sure I have the facts together. You stated that this involves a probate case. There is no money in the estate and nothing (no property) to turn over when the judge requested it. Was there any money or property in the estate when you began the probate proceeding? If so, where did it go?
My husband and I put everything in HIS name, so I listed everything. but there has been no petition to determine ownership of what was listed, so the entire marital estate is listed as his intestate estate, So the opposing attorney now is accusing me of stealing from the estate, but what was in there IS mine not HIS. 2 houses in forclosure, but husband serviced them too with marital money so that really makes it marital too. Money in banks were retirement accounts, most rolling over to me, and the rest is OWED to me because he lost over half of the marital estate 2 weeks b4 he died. What was left was not enuf to pay me back for any of my investments. I wrote checks out to pay attorneys and to maintain the estate, b4 gettin a court order because it was mine, NOT the estates. I depleted all my retirement funds. I depleted all of the life insurance proceeds that came to me and there is no money in any estate account any more cause I took it back cause it belonged to me, not the estate. So now they are talking grand theft vs me, for taking estate assets, that were really mine. Any business property left is in the hands of the opposing attorney, and the business too is really mine too. I don't know if I can get out of this mess now. Or how and my attorney is still going along with the premise ..of making an interim account of what exists, but all of that is mine. Even the attorneys do not understand, mine OR the opposing attorney. the opposing attorney got an order signed to take 35k in HIS opposing fees vs me on behalf of my stepdau who is making all the objections and confusion. And he took it out of contract payments to the corporation that really belongs to me and should not be in the estate either. The corporation should not be paying estate bills. I need to have an informal meeting and explain to them what they are even looking at. The accountants are listing things that exist in our marital estate without looking at who OWNS the money or the items and why. End result the worst scenario, they will try to charge me for grand theft of estate property of over 600k. That belongs to me.
Were these properties that make up the estate acquired during the marriage?
I think the problem here may arise from confusion as to the status of the estate property. Just because you have an interest in it does not mean that he (and by extension his estate) does not also have an interest in it as well, which would make it as much the estate's property as your own. But, answering the above question for me will help clarify things a bit more.
Why it does not mean he has interest, he was supposed to split everything the previous year by court order, he delayed and delayed and gambled the money in the market, I fought for a year for him to take my half OUT of the market, and he did not, and 2 weeks before he died, he lost OVER his half into my half of all the assets in our marital estate.
All assets he had were acquired during our marriage, and I had 60k in non marital money from my father tied up and all of my half of the corporation income left in the corporation to prepare for international expansion. Other than that my husband embezzled money from the corporation into bank accounts and stock accounts in HIS NAME ONLY that the accounting it listing as HIS. My husband diverted many tens of thousand into accounts that he did not list in discovery. Then he had to go die as he was starting to move half the money to me, but he lost all of his and half of mine.. at the point he died.
Oh you have to first go on the premise that my husband had all the marital money income and expenses and investments in his control, and I controlled my NON Marital money and NON marital investments only. Thats how we set it up. NOW they are thinking that I had mine. and he had his.. but thats not right. He had OURS.. and I had mine., Make sense? ,
,Oh you have to first go on the premise that my husband had all the marital money income and expenses and investments in his control, and I controlled my NON Marital money and NON marital investments only. Thats how we set it up. NOW they are thinking that I had mine. and he had his.. but thats not right. He had OURS.. and I had mine., Make sense? ,
I understand, but initially the court just wants to know what property belongs to the estate. While you might be entitled to reimbursements and return of certain property, that all occurs at a separate step in the process.Was there ever an inventory done of the property? Was an expert hired for purposes of completing a financial investigation of his debts and assets?
the list that was made, intially want not what property belongs to the intestate estate, but what was in the marital estate; now itt is confused. We have lists of HIS non marital assets, but not a list of what was in his name that was NOT his.So all the accounting is under the title of rlm INTestate estate... and should be Marital estate, The court needs to determine what is in the estate at all. That has not been done. So the opposing attorney is saying, 'this is the first time ive heard that she thinks it is half hers..' or all hers.. She said they owned it together.. and yes we did while he was alive, but when he died, he owed me more money than there exists in the estate, intestate estate, business, or banks added together. The corporation owes me over 6 million and with what he had, i had or the business had, it only adds up to under one million.
The probate attorney now is my adversary attorney who represents the step dau that is now the pr, which is a conflict of interest cause if I own what is there, he is fighting to take it away from me to give to the daughter and his attorney fee also. He is not protecting the estate which the assets and proceeds belong to me.
Thank you for that information. I will opt out so that another expert can review these facts. You don't have to respond to this message, a response will only bounce it back to me. Someone will be along shortly.
It does sound like a huge mess. This would be a matter where you would want to sit down with an attorney and go over all of the paperwork for every step of the way. I wish we had the ability to do this for you but our services are limited per the agreement between JAPearl and their customers. That being said if you have any specific questions that could be answered without us needing to read the file we would be happy to help you in any way possible. I am so sorry you are going through all of this.
ABC corp has contract with XYZ to sell and license software. The one stockholder of XYZ died. AND ABC co owner died. I am a co owner of the stocks in XYZ because I started it and they forced a buyout, so they pay me for that buyout. When ABC owner died, XYZ changed the name they make the checks payable to, to the estate of the ABC owner not the corporation at the direction of the adversary opposing attorney told them too. There is NO court order giving the right to change to whom they send their checks, that is misappropriating funds in my opinion because I own the software copyrights, not the estate, and not any heirs. When ABC owner died the checks should go to the co author and the shell corporation of ABC should be closed. Does this sound right?
An attorney would need to have all of the information to give you the proper recommendations. I would suggest hiring a local attorney and giving him the file on this matter to review. Thank you for your question. Good luck.
I have many many attorneys, but none are taking the time
to answer with any statute.
This should not count at all cause refering me to an attorney
is what I always have done
You question was answered to the best of our ability having none of your paper work.
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