Estate Law Questions? Ask an Estate Lawyer.
I have a case pending in federal court As I want to save the expense of setting up a Trust without knowing the outcome of the judgment Can I assign a claim for punitive damages to a revocable trust to be mamed later? Thanks Hubert XXXXXXXX
My claim for punitive damages is based on 3 instances
1/ I have pointed out a motive for Defendants not to follow the tthe terms of an employment agreement containing a deferred compensation arrangement
2.Defendants commingled Company funds with ERISA protected funds in order to cover up paragraph 1
3 Since 1986 at least 11 officers of the company and an auditing firm conspired to deny me my benefits earned under a deferred compensation plan and a deferred compensation arrangement in an employment agreement
Thank you for being so thorough
The deferred compensation arrangement in the employment agreement and not following the terms of the employment agreement including a motive for not doing so point to a breach of contract as claimed in my 3rd amended complaint
The commingling of funds fron the deferred compensation plan with an investment account set up to meet the obligations under the deferred compensation arrangement (account balance plan) in order that one could not distinguish the assets from one plan to the other would be considered fraud and subject to statutory penalties
The conspiracy committed by at least 11 officers of the company and an auditing firm since 1986 to cover up and aid in these offenses among other offenses would be subject 5 times compensatory damages
The use of the "illegitimat tophat provision" as their main defense to exhaust plaintiff's resolve and resources should subject plaintiffs to pre judgment interest of Missouri statory rate 0f 9.5% per year since 2007
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).