How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas McJD Your Own Question
Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
19305272
Type Your Estate Law Question Here...
Thomas McJD is online now
A new question is answered every 9 seconds

I need a second opinion on this legal question. If any

Customer Question

I need a second opinion on this legal question.If any NON-probate assets, that were marital at time of divorce, are found to have been fraudulently (or otherwise) concealed during div. negotiations, does a probate judge have authority to change how a decedent’s NON-probate assets (which were marital assets) are dispersed? Probate estate is insolvent.
Submitted: 5 months ago.
Category: Estate Law
Expert:  P. Simmons replied 5 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 5 months ago.

I am sorry for this dilemma. But not sure I understand your specific question.
The assets in question...were they addressed in the divorce decree?

Customer: replied 5 months ago.
No. They were not on ex's fin. declaration.Div. decree states that any assets in existence at the time of this order that were not on either party's fin. decl., if discovered, will be alloted to the other party. Well, there are some concealed (not on ex's fin. decl.) assets of which I now know.
Expert:  P. Simmons replied 5 months ago.

Thank you
I want to make sure I understand.

The decree of divorce provides that any assets not listed in the decree will go to your ex? Or you?

Customer: replied 5 months ago.
His hidden assets will go to me. Any assets I did not list, of which there are zero, would go to ex-husband.I knew there were more assets, but my div. atty refused to do discovery despite my repeated requests, from day one, for "full discovery".
Expert:  P. Simmons replied 5 months ago.

Thanks
And if I understand, he died and his estate is now in probate? Is that correct?

Customer: replied 5 months ago.
He died in 7-2014. I filed claims in march of 2015 for past due alim. & unpaid unitrust dividends.
Customer: replied 5 months ago.
Unfortunately, I filed in probate, not in family ct to obtain enforcement of its orders.
Expert:  P. Simmons replied 5 months ago.

Thanks
Wait...you mention that he was insolvent? Is that accurate?

Customer: replied 5 months ago.
Oh, no. Only his probate estate is insolvent. He had put everything in trusts and an insurance IRA w. death benefits. All have beneficiaires; nothing was payable to him or to his estate.
Expert:  P. Simmons replied 5 months ago.

Thanks
So what is the question today? Are you asking if you can file in family court to enforce the order?

Customer: replied 5 months ago.
I don't think I can now go to fam. ct. due to res judicata.
Estate atty (EA) refused to produce docs I need for my claims.
EA was granted sum. judgment on all hidden asset claims because I had no evidence.
EA was denied sum. j. on dividend and alimony claims and admits the eatate owes me $20K for those, but there are no probate assets with which to pay me.
Expert:  P. Simmons replied 5 months ago.

Thanks
I am going to opt out to allow other experts to weigh in, if they have thoughts...I can not come up with anything positive here.

Customer: replied 5 months ago.
Ct denied my pro-se legal rt. to subpoena docs from third parties (banks, etc.) which I tried to do after getting no docs. EA protested.
I am working on a motion to alter or amend judge's order which states I may ask ct to compel production, but only for docs related to divid. & alim. I did so, and EA was ordered to do that. It's the docs for recently discovered assets I need help obtaining.
Expert:  Attorney2 replied 5 months ago.

I am a different Attorney and it will be my pleasure to assist. How can I assist you?

Customer: replied 5 months ago.
Have u access to info I sent to P. Simmons on 11-06 and info from Damien from awhile back? If not, I will copy and paste the info.Div. decree states that any assets in existence at the time of this order that were not on either party's fin. decl., if discovered, will be alloted to the other party. Well, there are some concealed (not on ex's fin. decl.) assets of which I now know.I need a second opinion on the following legal question.If any NON-probate assets, that were marital at time of divorce, are found to have been fraudulently (or otherwise) concealed during div. negotiations, does a probate judge have authority to change how a decedent’s NON-probate assets (which were marital assets) are dispersed? Probate estate is insolvent.
Expert:  Attorney2 replied 5 months ago.

Since you have already worked with two attorneys in the site I don't see anything that I can add.

Related Estate Law Questions