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Recent Fiduciary Duty questions

I don't work for anyone, but I've been married to my husband

I don't work for anyone, but I've been married to my husband for 30 years. We have 2 boys. My husbands family is a large caucasian catholic family. My husband and I are co owners of a 6 person corporation. Though us 3 wives are not shareholders of the corporation, the other 2 wives seem to have a lot of influence on what goes on in the corporation. I was told from the beginning, the wives don't get involved, so I respected that and never disobeyed the corporation rules, however, through the years, I've noticed how influential these wives actually are. When I would ask my 2 brother in laws questions about the corporation, they always seemed to ignore me. My 2 sister in laws never gave me the time of day. My husband and I are 10+ years younger than the 2 other co-owners of corporation. Through the years, I've grown to know a tremendous amount of information about the corporation (some good, but mostly not so good). It seems like the other 2 co-owners and their wives have prospered much more than us. We have signed for the same loans that bought properties and other farm machinery needed, amongst other items. These properties and everything is to be evenly split 33.3%. It all started 5 years ago when I started asking many question of the corporation, and thats when everyone turned against me in a terrible way. All i wanted was to create a family trust and put our home in the trust, but we couldn't because we didn't own it, the corporation did. And thats how it all started. My 2 brother in laws and their wives, my husbands 3 sisters have turned against me also. Overtime I try to get everyone together to talk things out, they totally ignore me. One day I was talking to my husbands sister and she told me that her brother (one of our co- owners of the corporation) said that I think I'm something to think I can ask all these questions. It's none of my business about what the corporation does. AND he refers me to the "Mexican Queen" (I am of Mexican decent). Even though the properties are under us 6 individuals and are deeded as tenants in common, my husband and I have no say so, but it seems to me they have it more for me because I ask so many questions and demand answers. At one recent meeting with these 2 other co-owner brother in laws. The one that refers to me as the "Mexican Queen" told me, "At the end, it's going to be between me and you Mexican Queen"!! Now I'm really starting to think that all this unfairness from the start of my marriage to now, is a classic case of discrimination. I've taken a lot of injustice from these other corporation owners and would really like to exploit them with a discrimination case against them. I have so much more evidence of the unfairness to me, but it's so obvious that they think I'm beneath them to this day. Please tell me if I have a chance to file a discrimination case against them and win. I've had all the unfairness I can stand. It's ruining my husband and my marriage. All my husbands life with his brothers, growing up with them and working with them, they have always treated my husband with no respect. All my husband has wanted from his brothers is acceptance and respect. Never has been that way.

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CalAttorney2

Attorney

Doctoral Degree

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My daddy died in 2012. My mother chose to come to my home n

My daddy died in 2012. My mother chose to come to my home n live with me. In 2012, She executed a power of atty, durable n general, for me to take care of her. I do EVERYTHING for my mother by myself. I take care of her, my six dogs, my home, laundry, cleaning, EVERYTHING. Now, right at 4 years later, ONE sister is angry because she says she can't visit "freely". My other sister has written my mother's attorney a letter on my n my mother's behalf. I also have PROOF my "mean" sister visited MOST every time she has wanted to, but I have always ASKED for a day's notice so I can make sure I'm not in middle of bathing mama or in middle of MANY other things that my mother is supposed to have done. (Walking 5 times a day, inhaler puffs 4 times day, neb treatments 2 X day, breakfast, lunches supper, baths, meds 3 times a day, her hair cutting n coloring done by me). Without going into EVERYTHING, this one sister has hired an attorney n they THREATENED that if I did not get my name off of a POD acct which my mother (without my knowledge at that time) put me on to, and send them copies of all my mother's bank statements (which my MOTHER does not want to do), send them proof of home insurance showing the ins coverage on my mother's house (she was left a life estate but she wanted to come live with me. Her house is in a bad neighborhood AND I could not take care of her at her home with all my dogs n I have had 2 back surgeries as well) that they would file for a conservator or guardianship. I got my mother an attorney. My mother took a mental evaluation and passed. My mother is happy, healthy safe n secure with me. Her doctors BOTH say her health has improved. Sunday my sister was confronted by my mother asking WHY WAS SHE DOING THIS. My mother told her u DO see me n told her that she n I both let my sister see n visit with her. My mother is very upset over what my sister is doing. They have tried to infer that my mother has dementia (she does not) n that I CONTROL my mother. (If anything my mother controls me). I'm just at a loss when I e done NOTHING but put my mother's physical and emotional well being above mine. If my mama is happy, I'm happy. The untrue, false n, in my opinion, letters that clearly are a defamation of my character....., nasty n mean letters have been going on since June 15, 2012. My mamas atty says that "they" (my sister n her atty) r crazy n she's not worried. BUT im devastated, hurt n I just don't see how so many lies can just continue. It's taking a toll on me, but I'm doing everything just as always for my mother and her house and her meds n Drs n paying her homes bills. Then of course I still have to take care of my house. Please help. I know this is jumbled information, but I'm at my wits end. Any advice would be appreciated.

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legalgems

Juris Doctorate

13,488 satisfied customers
Legal question: For elder care, what is the difference

Legal question: For elder care, what is the difference between the legal powers and scope of a POA versus a Guardianship? Thank you.

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legalgems

Juris Doctorate

13,488 satisfied customers
I found out my business partner cashed a credit card rewards

I found out my business partner cashed a credit card rewards check (deposited in his personal account) over 4 weeks ago and did not share the proceeds amongst the other partners. He also has never mentioned the fact that he received the check. Are these grounds for fraud?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,576 satisfied customers
My niece ( I'll call her Gina) lives in Florida, is age 40

My niece ( I'll call her Gina) lives in Florida, is age 40 and disabled with MS and has a daughter(age 10). She is of sound mind though her health is declining and she is depressed. She receives SSA and medical insurance herself and children's benefits and medical insurance for her daughter from Florida.Her mother established a living trust in May 2013 which became a special needs trust for Gina upon the mother's death ( she died 8/26/14). It was the intention of the mother that Gina not lose the disabled benefits she receives thru Florida now or any future disabled benefits she might qualify for from any other government agency. The family attorney set up the trust and the trustee worked in his office--he oversaw the trustee and Gina felt comfortable with this as he was highly regarded by the family.Since the mother's death things gave drastically changed. The attorney got really sick shortly after and died in May 2015. The relationship with the trustee which was cordial has badly deteriorated since the attorneys death. The trustee is in a different office now. There is no communication except by text between parties and often texts are ignored completely. Gina has no idea what is in the trust, if any income is being produced from it or what expenditures have been made by the trustee! The trustee told her by text that there was an $80,000 estate tax bill due.I have been asked by Gina to become her power of attorney and guardian and also to become guardian for the child as Gina's health is declining. I am concerned her best interests are not beingproperly considered! The child is also sick as well now.Questions:How can this be accomplished and what will be my responsibilities assuming I accept?How do we find out what is exactly in the trust?How do we get tax returns and an accounting of the expenditures made from the trust?The mother's house is in the trust but is not on the market for sale or rent. It's been 15 months since the Gina moved out of it and back to her own house. Gina and her child lived there and cared for her ill mother for 3 years before her death. How do we find out what's going on with that?Can someone else be appointed trustee?I regret this is long but I live in NJ and need to help her!

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Gerald, Esq

Juris Doctor

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Is a trustee a natural target for lawsuit from beneficiary?

Is a trustee a natural target for lawsuit from beneficiary? What is the exposure tobeing slammed by productivity of trust assests?

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Loren

Juris Doctor

36,238 satisfied customers
Have a simple case. A minor investor back in 2008 lost 80k

Have a simple case. A minor investor back in 2008 lost 80k in my private equity firm, which ultimately failed. He is a Harvard grad AND WAS WORKING FOR ANOTHER PE firm at the time.Then, foolishly, I gifted him equity in my next company - in fl, but incorporated in de. LLC structure BUT he never provided any consideration in co #2.Suing me for 200k. Thoughts?

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CalAttorney2

Attorney

Doctoral Degree

19,430 satisfied customers
My daughter opened a business account with a guy who had an

My daughter opened a business account with a guy who had an existing storefront business in that business name. He told her he was going to mentor her and start a similar business but she needed to establish business credit. He promptly used the $7000 in the joint account to pay his business taxes without her knowledge. He then ran up $5000 in debt for personal goods and business inventory on a credit card linked to the same account. This was in Illinois, when she closed the account he became very angry then would not respond for two weeks. She went by the store and he had moved his business to Utah, all within one month. The business is still in existence is there anything she can do?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,576 satisfied customers
A Florida Condo Manager fires a very popular security guard

A Florida Condo Manager fires a very popular security guard JP for having rifled through a unit owner's desk to retrieve a previous police car accident report in an accident the unit owner was in. The unit owner, a 95 year old man suffering from some kind of minor dementia, had just had a one driver, three car accident in the Condo garage. One of the cars was a new Corvette. The driver was slightly hurt, bleeding a little, and very confused. Instead of waiting for the police at the scene he went back to his unit.The police showed up with an ambulance. Unable to gain entry to the unit because the owner did not respond to the door bell, (he is also a little deaf) they called the manager who sent in the security guard JP to open the door.JP, upon entering the unit with the police and ambulance people, and in an unselfish desire to assist the Corvette's driver "C" to obtain insurance information, rifled through some documents on the desk. He then retrieved the former police accident report which had the necessary accident insurance information. He then copied the report at the Condo office, and gave a copy to C, and returned the original to the unit owner apartment.When the incident came to the attention of the Manager, he consulted the Condo rules which called for the immediate firing of any employee who entered a unit and took out anything without authorization. On that basis and after consulting the President, he fired JP.JP appealed to Board members and powerful friendly unit owners. They are calling for a Board review of the decision in order to potentially re-instate JP.Question: Absent the impractical choice of a popular vote of all unit owners overriding the Manager's decision, can the Board members, all of whom who have a fiduciary duty to the Unit owners, override the Manager's decision, fully supported by the rules and his authority, because JP had acted with good intentions?I believe that the Board would have no choice but to uphold the firing, however much they would like to act otherwise. Failure to do so could trigger a lawsuit that the Board acted in violation of its fiduciary duties regardless of JP's good intentions.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,576 satisfied customers
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