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A property was not noted in the discovery for my divorce. We…

A property was not...

A property was not noted in the discovery for my divorce. We were married December, 1981 and we’re divorced in October, 2007. I recently discovered this. Are there statue of limitations? Are there exceptions? So much was hidden from me during the marriage.

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

I saw a real estate attorney yesterday. He was no help except to tell me to check on the statue of limitations to see if I have a case.

Lawyer's Assistant: Family law varies by state. What state are you in?

Texas

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My ex-husband passed away January of this year. His CPA, using his “power of attorney” has been trying to sell land right and left. I have proof he and his assistant have been corrupt for years. I just want what should have rightfully been mine. There are numerous properties.

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Answered in 20 minutes by:
3/22/2018
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 876
Experience: Family Law Attorney in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

I am sorry to hear that this has occurred.

First let me address that the key to this is that you requested the property in discovery. Having done this, you have an avenue to pursue a share of the undisclosed assets.

There is not a statute of limitations exactly, but the burden you may have to address when pursuing this will be to show that you timely pursued it when you discovered it.

The remedy would be to apply to the Court and have them review the matter. It will likely have to be done in part to include your former husband's estate as he had passed away, but it is not uncommon to have an action in the family courts that has as a party a representative from the estate.

So under Texas law, you would likely be able to pursue recovery. I have attached a link to an article here that addresses this topic in Texas for your review.

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.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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Customer reply replied 4 months ago
Sean K, I would like to explain a little further. I signed a prenup, actually signing away everything. What was his before the marriage remained his and what he made during the marriage remained his. Since I loved him and didn’t marry him for money, I agreed to sign although I thought it an awful way to begin our life together. My attorney broke the prenup and at that point everything during the marriage would be community property. Recently the CPA wanted to sell 2 lots but couldn’t for the very reason that this was bought during our marriage. He and a crooked real estate agent tried to but the title company caught. I would not sign to sell. The agent was adamant that I sign that very day. I knew nothing about the property. I knew nothing about most properties and stock. Ok, let’s say there are 10 acres owned by my husband before the marriage with a partner. Not divided into two parts but owned jointly. At some time during our marriage his partner wanted to sell his 50% or 5 acres to my husband which he bought. He purchased this during our marriage. So shouldn’t half of the 5 acres be mine?

I would not disagree with your analysis on your husband purchasing the property during the marriage. That would have become marital property and if the prenup was set aside, marital property is marital property and I would believe that should have been divided.

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Customer reply replied 4 months ago
What is my next step? Do I go back to my divorce attorney? Shouldn’t a forensic CPA have could this? I had one.

I absolutely would start with the divorce attorney. I would ask the attorney about the role of the CPA, but the point is if there were discovery violations, there is an avenue to a judge to make it right.

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Customer reply replied 4 months ago
Do you honestly think I have a good chance to recoup my interests in these properties and also stock that was bought and sold during this time? I just want justice, nothing more. Although his CPA should be hung in the town square!
Customer reply replied 4 months ago
What state are you in?

The way I would address this is that from what you have addressed, there is a recognized approach to rectifying these situations where parties did not comply with discovery. With what you laid out and addressed, the facts of your case fit into the relief that is available. Sometimes people ask if something is possible and I have to tell them that what they want to do just can't happen.

Your matter is different - you have a way you can approach this. Does that mean that it automatically happens? It does not. It means that there is not a statute of limitations issue (though it may come up that a good deal of time has passed, but it would likely not bar you). It also means that there is clearly enough here for you to make a decision - do I pursue this under a remedy the law allows, or do I just keep hoping that the CPA has karma come visit him. It really is all about taking the next step. A Texas divorce lawyer may evaluate it and say the cost benefit may be an issue or he may say that it is ripe for pursuit.

One thing I never tell people is that they will or won't prevail as there are too many variables outside of their control.

I am in South Carolina.

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Customer reply replied 4 months ago
I don’t exactly know how this works. Was the $47 I paid just for today and this session only or do I have the opportunity to check some things and get back with you tomorrow?.

Once a rating is done, you can come back and ask questions related to what we have discussed today. The $47 was a, I believe, your membership fee which, during the period of membership will cover other questions that you may ask above what we addressed. For instance, if you have a new question, you could come back and request me, I can address your issues, but if it is a new question, and I am not available, then another expert could answer so as not to have you wait.

If there are any other services such as phone calls those would be additional, but you would have to approve prior to incurring.

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Customer reply replied 4 months ago
Thank you so much! You have given me more information and hope that the $300 an hour attorney yesterday.
Thanks Sean,
Mary

Certainly and 5 star ratings are always appreciated! It is my goal to help you save $$$ and get information at the same time.

Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 876
Experience: Family Law Attorney in Private Law Firm
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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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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