Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

questiion about all the property I have in trust. We only

Customer Question
questiion about all the property...
questiion about all the property I have in trust. We only had the trust certification document signed and notarized, put on file with the county but the original trust is signed only no notarization yet. But due to husband stealing inheritance cash which he admitted to doing in Voice mail and that I have a durable power of attorney for him and all the authority of trustee of the family trust, could I get away with a sale of the car for say, 30k the value to recoup for the theft. The power of attorney i made sure had every clause which includes loans of debts owed, represent in legal action and ability to pay debt on his behalf. The sale was 2 weeks prior to me being served. i would think that it would be self dealing because I have evidence that the funds that remained from my father were my sisters, brothers, and niece. The inheritance that he removed from the home was 48,500 so what if I sold the truck at that time too because it was titled under the family trust. On the certificate of trust I made sure it states trustee has all powers, and lists a large group, this document is filed with the clerk and notarized by both husband and I. I hid the truck that he had as separate property but is now titled under the family trust, this truck is the one that has at least 5k or more in upgrades during marriage. The Camaro has 35k in marital cash not sure how his lawyer is stating it is HIS auto. Because he paid for it in 2008 for 3,500 I suppose. i have to research the actual date. Do you think that I can get in trouble for self dealing by selling those that he ran off in, running to the bar and had a woman in. Drunk driving. This man who stole inheritance, insulted me, my father, and then took marital cash, property and left.!! Spending the inheritance on 3 cowboy hats, jeans, dinners for two......i want to make him honor the marital agreement somehow. Him stating that his attorney was just dragging his fight. Can't i request to dismiss based on the statement they claim of last living together being a year prior? And that their petition is over a year old. Also we have 3 dogs right now that he doesn't care that they have not money for food or vet care. I have been unemployed taking care of my dad and my husband stated as long as I work on his taxes and his 40k creditor debt, house, yard, etc.....he is ok with that. But i never got any money for clothes, gas, insurance, needs, dogs, nothing . All he did was pay utilities and mortgage. Which he is now in default all bills are past due and he has not tried to fight against the suit there now with the county for judgement. Can I state to the judge in a motion of his purposeful intent to not pay but the default, and irs, He is attempting to file bankruptcy after divorce is all i can figure. But all the bitching about helping him which I have won cases for 3 years now all for nothing. This man files cruelty on me when he was so cold when my father died. He told me he hated me that he wished I would drop dead!!!!!!!because I wouldn't have sex with him. So the next day when he wrote "krama" on the board and then he came home giving me a dirty look, I said, thanks for all the love and support I hate you too drop dead and smiled. He left filed for divorce. All I can figures is he recorded that. So what to do first to make him honor the agreement or plead for judge to mandate counseling for at least 6 months due to the hardship financially that this is going to cause and the fact that the petitioner is causing hardship intentionally?????
Submitted: 5 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 4 minutes by:
8/1/2012
Lawyer: Dimitry K., Esq., Attorney replied 5 years ago
Dimitry K., Esq.
Category: Legal
Satisfied Customers: 41,221
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Verified
Thank you for requesting me to assist you further.

The answer is a flat and a direct 'no', you cannot sell items in trust while a divorce is taking place. You can only do so if you are listed as a trustee. His potential thefts and embezzlement do not give license to you to do what may be considered the same action in return. I am truly sorry that he is cruel to you, but until the courts figure out whose items are whose, and what belongs to whom, you really cannot dispose of items either. Sorry for my rather empathic tone, I really would not want to hear you getting chewed out by the judge in this matter.

Good luck.

 

Kindly remember to only rate my answer when you are fully satisfied. If you feel the need to rate my service as either "Bad" or "Poor”, please stop and reply to me via the CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I was able to explain your concern to your satisfaction.

 

 

Please be aware that if you give any rating below 3 stars then I will not be compensated in any way for helping you today. Good luck to you!

Ask Your Own Legal Question
Customer reply replied 5 years ago
I am the trustee of the family trust the main trustee with all powers. The sale of the autos were conducted two days after he left the home. I did not get served until 26 days later. Plus spouse lied stating over and over that this case was dismissed. I had no clue when he left that he was filling. He has left home on many occasions go 4 days and returning. So I had no clue. I only knew that as the Trustee of the family trust and I have a durable power of attorney for him why couldn't I sell those assets to cover what he stole. I am afraid that what my husband kept saying he would do to not pay it back, is say he returned it to me and son was witness. i said, better not he was never here. Then he said, i will say that the money was ours and i took our money. I said, well then let me call the irs and report that extra income, and wow you made 150k as a tire manager? And his camaro he is trying to say that the money he forced me to pay towards mortgage that first year which was only 250 monthly is what paid to rebuild that car. His renter paid for it. I said, really then we need to report that renter income on our tax return along with the true prior renters that you failed to report in prior years. He is sneaky and lies. He has yet to return any money of what my dad left his kids. Plus mortgage is in default now and all bills, his marital conduct and expenditures is unreal. He always seems to get these hard noses lawyers too. When he first petitioned last year my dad died less than a week ago...he said to lawyer get her out in a [email protected]! I am nervous now that I will be left with nothing. The worst thing the judge can do if I state and show documentation that autos are sold is what? Jail
Lawyer: Dimitry K., Esq., Attorney replied 5 years ago
Thank you for your follow-up.

Most likely the largest thing the judge will demand is have you pay back the funds received and return them into the trust. It is unlikely this turns criminal because if you can show that you had authority to make the legal decisions, and you made them for the benefit of the trust, the judge will likely permit it.

Good luck and be well. My apologies but it is very late here and I will be retiring to get some rest at this time. If you have any additional concerns, I will get to them in the morning. Until then I would ask that you rate both my answers if you are satisfied with my responses. Thank you.
Ask Your Own Legal Question
Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41,221
41,221 Satisfied Customers
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

Dimitry K., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Rockhill and my question is that i have power of attorney
hi , my name is ***** ***** and my question is that i have power of attorney for my mom. she has alzhimers and i need to have her american express statements sent to me as i need to moniter the accoun… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
It is about powers of attorney and what happens when the
Second opinion] it is about powers of attorney and what happens when the party gave it dies … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,173 satisfied customers
It is about powers of attorney and what happens when the
Second opinion] it is about powers of attorney and what happens when the party gave it dies … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
It is about powers of attorney and what happens when the
it is about powers of attorney and what happens when the party gave it dies … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
Would you be able to provide power of attorney documents for
Would you be able to provide power of attorney documents for my husband to have POA over his 83 year old mother? His sister is doing everything in her power to get everything she can out of her mother… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
Durable Power of Attorney - One of the inmates at Muscogee
Durable Power of Attorney - One of the inmates at Muscogee County Prison asked me (personal friend) to represent him in all areas of his life. I wonder if I need to hire an attorney if I accept respon… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,358 satisfied customers
If power of attorney was given to a sibbling during a bad
if power of attorney was given to a sibbling during a bad divorce is it still standing after the divorce and person has remarried … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If a power of attorney document is filled out, signed, and
If a power of attorney document is filled out, signed, and notorized however the address for the agent is missing can it still be added … read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
If my father has possession of a general power of attorney
if my father has possession of a general power of attorney that I provided to him and now his wife has full power of attorney over him since he has alzhemiers/dementia. Can she use my power of attorne… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,326 satisfied customers
If someone has a power of attorney, can they use that to get
if someone has a power of attorney, can they use that to get phone records for that persons phone… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
Can a healthcare power of attorney be delegated against the
Second opinion] can a healthcare power of attorney be delegated against the patient's wishes? what is a patient's legal recourse if a medical provider takes direction from an unauthorized person again… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,173 satisfied customers
How to write a durable power of attorney/ No paper work
how to write a durable power of attorney/ JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed? Customer: no paper work filed in the state of Kentucky. JA: Hav… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
Does a general power of attorney cover medical decisions and
does a general power of attorney cover medical decisions and financial decisions? … read more
Bill Attorney
Bill Attorney
law
1,607 satisfied customers
What does it mean on a power of attorney when it say to
what does it mean on a power of attorney when it say to handle all maters concerning my life insurance, excluding the right to change beneficiaries, method of payment of insurance proceeds. my son is … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My brother has renters insurance but is not getting the
My brother has renters insurance but is not getting the results he should. … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,358 satisfied customers
If there are 3 children appointed as power of attorney.
If there are 3 children appointed as power of attorney. Should all 3 act together on decisions of what is to be done. Or is it ok for one to act alone without notifying the other ones involved? … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,358 satisfied customers
Took out property out of family trust to do loan, Now we
Took out property out of family trust to do loan, Now we need to put back in family trust. What do we need to do? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,003 satisfied customers
I filed a claim with my renters insurance company for a
I filed a claim with my renters insurance company for a small theft claim. My loss included several thumb drives, a sd card, and a laptop all with generations of my famiky ohotis, also a coioke of pic… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x