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I need a lawyer familiar with family trust law in Ontario…

I need a lawyer...

I need a lawyer familiar with family trust law in Ontario Canada

Lawyer's Assistant: Have you talked to a Canadian lawyer about this?

Yes

Lawyer's Assistant: What steps have you taken so far?

We are at the point of going to the passing of accounts .

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Answered in 14 hours by:
3/18/2018
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,587
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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I am sorry for your loss.

What is your specific question please?

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Customer reply replied 4 months ago
I gave my husband total control over my childrens trust when it was set up
He is not a trustee but he intermingled funds with his personal and business accounts
He set up another account that I did not know of and I had no signing authority
My question is this
The trust litigation is going through family court
Could it be moved to a criminal court
My boys with give me immunity on the trust as long as it doesn’t affect their right to sue for the trust money
There is no money in the trust account
The bank allowed my husband to manage the trust also without being a trustee and not having a signature card
Customer reply replied 4 months ago
The other account was set up my husband’s brother a broker at an imvestment firm

Are you asking if your spouse can be charged?

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It would not be moved from family court but you could certainly report this to the police and have him charged. It is fraud.

At the same time if you are going to rely on him for support (spousal or child) it may not be in your or your children's best interests to have him charged. If convicted it could affect his employability which will harm you.

But if it won't hurt you or your kids then reporting to the police would make sense. He could even be ordered to make restitution.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 4 months ago
My trust lawyer told me the intermingling of funds and using the funds for his own purpose was not fraud but that he certainly was not supposed to do what he did with the funds
I believe I spoke to you about a month ago about changing my lawyers which I did this week .I have not teplaced them yet
So I am just going to confirm with you that itregardless of what my previous lawyes said you would see his actions as fraudulent ?
Is that correct ??

I see them as fraudulent. He took money that he was not supposed to touch that was not his and treated it as if it was his own.

Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,587
Experience: Lawyer
Verified
Debra and 87 other Canada Law Specialists are ready to help you
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Customer reply replied 4 months ago
my sons and I are talking
I am changing my lawyers
This may be a good time to negotiate with my husband one on one for my boys
Perhaps we could settle out of court on the trust matter .
Because this is in court right now would there be any ramifications if I was to do so on my own .

You should not settle any of the issues without independent legal advice.

I don't agree it is a good time to negotiate. It is much more prudent to retain your own lawyer first.

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Customer reply replied 4 months ago
ok Thank you

Keep me posted!

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Customer reply replied 4 months ago
I will Do I just ask for you by the name Debra ???

Yes for sure.

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