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My question requires knowledge of estate /criminal /civil…

My question requires knowledge of...
My question requires knowledge of estate /criminal /civil law and maybe DA. in community property states. I would like to know if in the state of Texas where it is a community property state, is inheritance money is included as community property? The trust fund was created well before he/she was married. If someone received inheritance money while they were married but in the hospital, could a spouse take those checks against their wishes and deposit them in their own account and use the money for themselves? The Amt is approx $100,000. The spouse signed the back of the check with the other spouse's name and then pay to the order of _them___ . Is that illegal? If you told your spouse you didn't want them to use the money that it was your property and to set up a fund for your 3-month-old instead would that make a difference? I have power of attorney over a person who had something like this happen while they were incapacitated.
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Answered in 3 minutes by:
3/28/2018
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 103,491
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation. (You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)

I would like to know if in the state of Texas where it is a community property state, is inheritance money is included as community property?

Answer: NO. See Tex. Fam. Code Sec. 3.001

If someone received inheritance money while they were married but in the hospital, could a spouse take those checks against their wishes and deposit them in their own account and use the money for themselves?

She shouldn't be able to. If the checks are in HIS name, then she cannot (or should not be able to) deposit them into a separate account in her name only. If she somehow still managed to do this, then in a divorce, he can seek the money back.

The spouse signed the back of the check with the other spouse's name and then pay to the order of _them___ . Is that illegal?

YES. Even if the parties are married, one spouse can still steal from another, and this is such an occasion. This is a forgery, and actionable under Texas Penal Code Chapter 32... should he wish to file a complaint. Alternatively or at the same time, he can sue her (within a divorce or without) for the loss of money.

If you told your spouse you didn't want them to use the money that it was your property and to set up a fund for your 3-month-old instead would that make a difference?

Yes, in that it would only cement the fact that she acted illegally and without his authorization.

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

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Customer reply replied 26 days ago
The checks were deposited into a chase account but Chase is protecting their customer and won't tell me which branch to try to retrieve funds or serve civilly. No way should they have accepted deposit. This DA refused to acknowledge any of this. Would you have any idea why? One spouse is in poor physical health and difficult to pursue divorce. However, forgery is a forgery. Who presses charges for forgery? DA or spouse? I have no problem with giving 5 star ratings.

Would you have any idea why?

The DA does not have to take the case. In civil matters, the DA often lets the civil court decide the matter. The DA's resources are limited and they often have to pick and choose which cases to prosecute.

Who presses charges for forgery? DA or spouse?

The DA presses the charges in the end. The complaint is by the spouse to the police, who then investigate and pass on the information to the DA, who then decides to press charges or not.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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Customer reply replied 26 days ago
With regarding to reporting the crime. I am the one who discovered the crime. I have durable power of attorney and was asked to get the investment company to reissue checks. They advised me they had been cashed and proved me with the copies of the checks. The person I represent was in the hospital for very life threatening situation. Is it my responsibility to report the crime since I was undertaking my duties when I discovered it? Right now, I think the person might not report the spouse but if divorce were to occur later, could I get sued for not reporting it when I found out? It has taken me a month or more investigating with bank and investment company and police to get to this point with DA. The spouse might be able to act now but wasn't not able to when I found out.

Is it my responsibility to report the crime since I was undertaking my duties when I discovered it?

No. Unless the POA specifically says that you must, the answer is no. However it is your fiduciary duty to tell the person who gave you the POA about the issue, and let them decide on whether to file a complaint or not.

could I get sued for not reporting it when I found out?

See above. Likely not provided you tell the person.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

Ely
Ely, Counselor at Law
Category: Criminal Law
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Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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