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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38734
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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questiion about all the property I have in trust. We only

Customer Question

questiion about all the property I have in trust. We only had the trust certification document signed and notarized, put on file with the county but the original trust is signed only no notarization yet. But due to husband stealing inheritance cash which he admitted to doing in Voice mail and that I have a durable power of attorney for him and all the authority of trustee of the family trust, could I get away with a sale of the car for say, 30k the value to recoup for the theft. The power of attorney i made sure had every clause which includes loans of debts owed, represent in legal action and ability to pay debt on his behalf. The sale was 2 weeks prior to me being served. i would think that it would be self dealing because I have evidence that the funds that remained from my father were my sisters, brothers, and niece. The inheritance that he removed from the home was 48,500 so what if I sold the truck at that time too because it was titled under the family trust. On the certificate of trust I made sure it states trustee has all powers, and lists a large group, this document is filed with the clerk and notarized by both husband and I. I hid the truck that he had as separate property but is now titled under the family trust, this truck is the one that has at least 5k or more in upgrades during marriage. The Camaro has 35k in marital cash not sure how his lawyer is stating it is HIS auto. Because he paid for it in 2008 for 3,500 I suppose. i have to research the actual date. Do you think that I can get in trouble for self dealing by selling those that he ran off in, running to the bar and had a woman in. Drunk driving. This man who stole inheritance, insulted me, my father, and then took marital cash, property and left.!! Spending the inheritance on 3 cowboy hats, jeans, dinners for two......i want to make him honor the marital agreement somehow. Him stating that his attorney was just dragging his fight. Can't i request to dismiss based on the statement they claim of last living together being a year prior? And that their petition is over a year old. Also we have 3 dogs right now that he doesn't care that they have not money for food or vet care. I have been unemployed taking care of my dad and my husband stated as long as I work on his taxes and his 40k creditor debt, house, yard, etc.....he is ok with that. But i never got any money for clothes, gas, insurance, needs, dogs, nothing . All he did was pay utilities and mortgage. Which he is now in default all bills are past due and he has not tried to fight against the suit there now with the county for judgement. Can I state to the judge in a motion of his purposeful intent to not pay but the default, and irs, He is attempting to file bankruptcy after divorce is all i can figure. But all the bitching about helping him which I have won cases for 3 years now all for nothing. This man files cruelty on me when he was so cold when my father died. He told me he hated me that he wished I would drop dead!!!!!!!because I wouldn't have sex with him. So the next day when he wrote "krama" on the board and then he came home giving me a dirty look, I said, thanks for all the love and support I hate you too drop dead and smiled. He left filed for divorce. All I can figures is he recorded that. So what to do first to make him honor the agreement or plead for judge to mandate counseling for at least 6 months due to the hardship financially that this is going to cause and the fact that the petitioner is causing hardship intentionally?????
Submitted: 2 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for requesting me to assist you further.

The answer is a flat and a direct 'no', you cannot sell items in trust while a divorce is taking place. You can only do so if you are listed as a trustee. His potential thefts and embezzlement do not give license to you to do what may be considered the same action in return. I am truly sorry that he is cruel to you, but until the courts figure out whose items are whose, and what belongs to whom, you really cannot dispose of items either. Sorry for my rather empathic tone, I really would not want to hear you getting chewed out by the judge in this matter.

Good luck.

 

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Customer: replied 2 years ago.
I am the trustee of the family trust the main trustee with all powers. The sale of the autos were conducted two days after he left the home. I did not get served until 26 days later. Plus spouse lied stating over and over that this case was dismissed. I had no clue when he left that he was filling. He has left home on many occasions go 4 days and returning. So I had no clue. I only knew that as the Trustee of the family trust and I have a durable power of attorney for him why couldn't I sell those assets to cover what he stole. I am afraid that what my husband kept saying he would do to not pay it back, is say he returned it to me and son was witness. i said, better not he was never here. Then he said, i will say that the money was ours and i took our money. I said, well then let me call the irs and report that extra income, and wow you made 150k as a tire manager? And his camaro he is trying to say that the money he forced me to pay towards mortgage that first year which was only 250 monthly is what paid to rebuild that car. His renter paid for it. I said, really then we need to report that renter income on our tax return along with the true prior renters that you failed to report in prior years. He is sneaky and lies. He has yet to return any money of what my dad left his kids. Plus mortgage is in default now and all bills, his marital conduct and expenditures is unreal. He always seems to get these hard noses lawyers too. When he first petitioned last year my dad died less than a week ago...he said to lawyer get her out in a week@! I am nervous now that I will be left with nothing. The worst thing the judge can do if I state and show documentation that autos are sold is what? Jail
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your follow-up.

Most likely the largest thing the judge will demand is have you pay back the funds received and return them into the trust. It is unlikely this turns criminal because if you can show that you had authority to make the legal decisions, and you made them for the benefit of the trust, the judge will likely permit it.

Good luck and be well. My apologies but it is very late here and I will be retiring to get some rest at this time. If you have any additional concerns, I will get to them in the morning. Until then I would ask that you rate both my answers if you are satisfied with my responses. Thank you.

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Dimitry K., Esq.
Dimitry K., Esq.
Attorney at Law
16633 Satisfied Customers
Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.