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Recent Fiduciary Duty questions
I'm being evicted because I threatened to sue the current
I'm being evicted because I threatened to sue the current trustees for estate fraud.. They are the trustees of my grandfathers trust that owns my house but they are also the trustees of a trust that took control of my parents estate immediately after my fathers death when they ripped up his will and created that trust. It's a pretty clear cut case of undue influence. They are claiming that they are fee simple owner of my house and that are evicting me in order to sell the house. They have the ability to buy and sell trust assets and there is no lease so they have fee simple title. The trust is in my name and has million of dollars in it and I can prove that it's retaliatory, what's my argument because if they can evict me and sell my home just because they have fee simple title then I'm homeless... I have bipolar disorder and can't work.
Recently, my son's confidentiality was violated by s former
Recently, my son's confidentiality was violated by his former pastor in Americus, Georgia by the pastor putting his entire circumstance on Facebook. My son lost his job, got a divorce, and had to move from Americus, Georgia. We are trying to get him legal representation because of the following that was copied from Facebook that was entered by the pastor:Bud Womack Sometimes silence is golden, but not this time so I feel the deep need to clear many things up based on your post here. No Jeremy, you didn't just "do it the absolute wrong way this time" you've been doing it the absolute wrong way for over 6 months and you've been told by me and others many times to stop it. That's why you're divorced today, lost your job with the police Dept and actions were taken at church to force you to leave her alone and protect a child. Some may feel this is a racial issue but nothing could be further from the truth because it's a moral issue plain and simple. What you've done and are doing may not be illegal in Georgia but it's still very immoral for a 32 year old married man to have a romantic relationship, and probably a physical relationship, with a 17 year old child. You have simply taken advantage of a child plain and simple. You've ask for people to forgive you and without a doubt we are all willing to do that. However, forgiveness can't happen until there's repentance and repentance means you turn away from what you've done that warranted asking for the forgiveness. As your pastor I tried to do nothing but love and protect you and your family as well as Caitlyn and her family. It was your actions that continued after many meetings and discussions that required my actions as a pastor to protect everyone and the church as a whole including the two of you. When your actions got worse rather than better I had no choice but to remove you from continuing to pursue a child on the church property. Plain and simple we love you and want the best for all involved but you nor Caitlyn are victims in this situation but rather the cause of it. Please know that loving someone has nothing to do with condoning their wrong choices and actions. You can only move beyond this by letting it go and walking away. Life Point Church and myself continue to pray for you all. And I ad... Do the right thing.*************As a result and being the father, I posted the following on Facebook:JerroldCynthia Hinton Jeremy, I am just now reading this post and in particular the post written by your former pastor. As a licensed and ordained African-American pastor that has been in the ministry since 1977, I am appalled that your confidentiality has been so violated by someone claiming to be one called by God. While I do not condone the relationship with Caitlin Elswick, I am very much crushed by what you have had to endure. My bible let's me know that ALL have sin and come short the Glory of God. Even your former pastor. I will not attempt to point out any of your shortcomings on social media, because I read one day thta I shouldn't try to remove the speck out of your eye and neglect the beam in my own eye. It is people like your former pastor that causes situations like Baton Rouge, LA and Minnesota. While you MUST forgive your former pastor for what he has done, I am advising you to retain an attorney out of Atlanta and let them start litigation. I will print this post myself and run it by the Department of Jusice here in Washingnton, DC. Action must be taken to prevent aforementioned events by pointing out the very things and people that cause them. Unfortunately, there are many preaching from pulpits in your area on Sundays and wear their hooded sheets during the week. Yes son, his post has racial overtones even though he states it's not racial,. He has tried to destory you. I can't believe he called the police and wanted you arrested. Be encouraged young black man! No pastor on earth has a heaven or a hell to put you in. I plead the blood of Jesus Christ over your life and no weapon formed against you shall prosper. I pray that God will reverse what has been done to you in Jesus name. Finally, you may want to give a printed copy of his post to the local TV stations to assist in preventing others from being violated by what should be a place to heal and continuously point people to salvation.
I am one of three siblings who had a disagreement with the
I am one of three siblings who had a disagreement with the other two over the care of our father. It led to court whereby we were in the process of putting together a settlement agreement with the court which included hiring a Trustee to oversee our incapacitated father's house trust. Unbeknownst to me the opposing counsel sent the potential Trustee, who was a lawyer, a draft of the settlement agreement before his appointment. He reviewed and edited the settlement agreement while it was being drafted. His edits included a provision that the Trustee would sell the house. This was done before he was assented to by me and appointed. My lawyer found out after the appointment that the other lawyer had sent the Trustee the settlement agreement but did not know that he actually provided edits and input. I would not have agreed to his appointment if I had known this. Without going into detail this Trustee ended up damaging my interests to the benefit of my two siblings. Continuing legal proceedings led to discovery and my finding this out.What level of impropriety occurred with his editing and influencing the settlement agreement without my knowledge and what can I do?FYI: My father has since died and the Trustee will be making final distribution of the proceeds (the house was sold) by November.
I mailed her the "bill of sale" so I could gain
Hi Richard! I mailed her the "bill of sale" so I could gain full ownership of the business though she played me, and while she still had access to things, she's blocked me out of my email account, I can't sign in to my business email. She has sold our company's catering truck (that had been put in her name, though a declared asset of the company and had the check written to someone else) she's now holding my company phone, paperwork and inventory hostage. Please help!
My father is 91 in late stages of Altzheimers. I have three
My father is 91 in late stages of Altzheimers. I have three sisters. The eldest sister and her husband moved to California from Canada and moved in with my father 12 years ago. He was healthy at the time, my mother had just passed. He didn't charge her anything for living with him. Now he's requiring more and more care. My sister and her husband work full time so they have been hiring elder care workers and using his social security money to pay, but they need more. they want all of us to help pay for it. I am not financially able to do this. My second sister says, if I'm not able to pay the other three will pay my share and take it from my inheritance. My oldest sister believes she is entitled to live in my dad's house and retire living there indefinitely because she moved here to care for him and can't afford to live here without this benefit. I feel that before we use our own money we should be using my dad's equity in his house which is worth almost 1 million, and completely paid off. I feel that 12 years living for free is a huge benefit that nobody is asking her to pay. My sisters don't want to do this because that would mean putting my dad into resident care and taking the house away from my sister and her husband. I feel like it's not fair that they will attach and take away from my inheritance, yet my sister has a free house for the rest of her life. i love my sisters but feel that aren't giving any weight to my own financial challenges, and only worry about my oldest sister. What are my legal responsibilities and rights in this matter? Am i required to pay a portion of his care? Can they reduce my inheritance? Can they keep us all from receiving our share after my Father has passed. My two oldest sisters have obtained legal power of attorney, but myself and my third sister have no legal power. My second sister is the executor, self appointed. We live in the Bay area of California. Rents in the area of my fathers house run approximately $4,000 a month, my sister and her husband pay nothing.
What defense or countermeasures, if any, might be available
What defense or countermeasures, if any, might be available against false allegations of a breach of fiduciary duties by a Florida Condo unit owner against a condo officer or director?Scenario: A vindictive condo owner decides to sue the Association for an alleged failure to properly address his insurance damage claims following a hurricane.In the lawsuit he names all the condo directors and alleges some conspiracy and failure to conform with the best business rule and accuses them of breach of their fiduciary duty.The suit is complicated and goes on for 10 years without getting to trial. During all that time the innocent directors are suffering emotional distress, loss of sleep etc., because they know that innocent or not, NO-ONE EVER KNOWS WHAT A JUDGE WILL DECIDE.Can anything be done in terms of a countersuit for malicious prosecution and a demand for punitive damages, and/or any other remedy that might end the grief?
My client (I am their financial advisor and we are trying to
My client (I am their financial advisor and we are trying to raise seed capital for their company) is making false accusation and terminating our contract in bad faith to avoid their fee obligations, claiming non-performance and misrepresentation in written materials. Neither claim is valid, and in the latter case, under our contract, its not possible. No capital has been raised yet, and that is not a condition to our agreement, however my consulting firm is at-risk - only paid if funds are received (regardless of source). They are threatening to go to mediation if I dont agree.I believe that with threats of further action, everyone loses - and that my best response is to cite bad faith and breach of contract and possible libel, and to threaten to take action (libel) against them, if they dont agree to pay fees, and to sign an indemnification, such that the issue doesnt escalate further.Do you agree? If not, what do you advise? Also, is it possible that I could be sued for such a "threat", for interference or obstruction? Thank you
Answer complicated eviction summons... I am being evicted
Answer for a complicated eviction summons... I am being evicted from a house in Kansas that's owned by a Missouri trust, the trust is for my benefit and mine only. I am being evicted because I filed a lawsuit against the trustees for some serious breaches of fiduciary duty and estate fraud. It's definitely retaliatory in nature and I can prove it. I actually have an email from them that says "just don't sue and you won't be evicted". Five years ago they deleted the purpose of the trust which was set up by my late grandfather. The purpose was to provide for "health, education, maintenance and support". In its place they gave themselves "absolute and sole discretion" and are now claiming they can do anything they want. Here's the thing, it's a Missouri trust but I live in Kansas so I filed a lawsuit in MO and they just filed in KS. I need to know how to answer this eviction, and I need specifics. Is there a form I use? Unfortunately I've run out of money and don't have time to find someone to help. Can I counter sue here? I know I can probably defer judgement to the other case but I would rather counter for damages, would "abuse of process" be pertinent since the eviction is retaliatory in nature? They have no legal basis for doing so. They are claiming that I'm being evicted so they can sell the house, and that I'm no longer a beneficiary because I have violated the no contest clause in the trust. This is simply not true but regardless, that's the claim. Do I submit the email showing that it's retaliatory with the answer? If possible, I would like to have it dismissed altogether... How do I word this? Do I simply say that they didn't have the right to remove the hems standard from the trust? That's kind of obvious but that's what the MO lawsuit will determine. I filed that lawsuit a month ago but it hasn't been served yet, can you think of any reason why that might hurt me? I'm hoping to get an attorney before I serve it but this eviction date is next week. Here's another interesting detail... There are five trustees and one of them is my mother. One makes all of the decisions and my mothers name is ***** ***** one mentioned in the lawsuit. My mother wants nothing to do with these men but they control her actions. I have her on record talking about how I will never be evicted and how she wants nothing to do with these guys... This should be an interesting eviction.
I am seeking a divorce in the state of. My wife and I areView more legal questions
I am seeking a divorce in the state of Washington. My wife and I are co-owners of a publishing company for just the books I write. She will maintain ownership of 50% of the income from that company, but I will probably write 50-100 more books in the future. My question is whether I can legally form another publishing company to market those books, while also maintaining my original company (and all the books there) and giving her the 50%? She insists I can not legally form a new company for my new books. Can I?