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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 34264
Experience:  16 yrs. of trial experience
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I have a question about a civil matter. I spoke with one law

Customer Question

I have a question about a civil matter. I spoke with one law office here and they told me this case would be a civil case rather than a family case.
I was engaged/in a relationship to a man for 15 years. He spent 9 years of that time 7 in Iraq and 2 in AFG. During his time over there he assigned me complete power of Attorney.
We had a joint checking account I opened in my name and he assigned his direct deposit and to this day has both his social security and work direct deposit going into the same account. We both spent money from this account and I paid all our bills from the account because this was our agreement.
He had a heart problem in Nov. 2013 and was sent home. He came to my house and I took care of him until he was back on his feet. We talked about getting married many times after his return but I felt it best that we spend time together after 9 years to be sure that's what we both wanted. I live in Idaho (the home is in my name alone), he bought a condo in Texas, which is in his name alone. Our thoughts were that we could spend 6 months in Texas and 6 in Idaho. He has family there and my family is mostly in Idaho. After he bought his condo, everything was fine the first year he was home. I made two trips down to Texas and he made two up to Idaho both of us spending a couple months.
Now for the problem - Last January we were having a phone conversation about a piece of property (a condo) in New Hampshire that we are both invested in. I bought the condo in 2007 and lived in it from 2007 to 2010. The condo is in my name alone since I invested about 35K. We sold a rental house in Texas in 2013 and paid off the condo in NH. The conversation became an argument because I said when we sell the condo in NH I would like to buy a condo in Arizona. He said we would buy a house. He has never done yard work so I said it would not be a good idea. The argument went back and forth for a while and he got mad and hung up on me. He has never called me back and has sent two emails. The first said he missed me and the dog (I had 3) and would still like me to come down to stay with him in Texas as planned. It also told me he wanted me to sign over the condo to him and send him all the cash (which was tied up in 5 year C.D.s in my name since 2012.) We have a few other assets which he wanted as well including an interest in my house in Idaho. I did not answer the email, the second email just told me that a good friend of ours died. I waited for months for him to call but now I believe he has met someone else and may have met her before the last phone conversation. He has hired a law firm called out of Dallas and is asking for all of his wages for the 9 years in Iraq and AFG and the money for the sale of his house in Texas. He is claiming that I was only his Fiduciary and that I had no right to take money from his account. He is asking for almost a million dollars, although he knew that our assets combined only total about 350K.
Does he have a legitimate case against me. If so, does his bill and expenses not count against him. We took many expensive vacations together as well.
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma.

If you served as his power of attorney, you had a "fiduciary" duty to him and the assets you administered.

This is a cornerstone of the law surrounding POA law.
If you were his POA, you had a fiduciary duty to manage his money and care for it...and NOT use it for your own purposes.

IF you used his money for your own purposes? That would violate your fiduciary duty to him. And he could sue to recover for the money you improperly used.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
If I select call me the webpage says I'll be charged $52 but your email says I will not be charged. Which is it
Expert:  P. Simmons replied 1 year ago.

Sorry... my message does NOT say there is no charge. My message says

Also, if you would like to chat on the phone, let me know and I can make that happen.

If you want to chat on the phone I would be happy to do so. I do not time calls...we can talk as long as you like. But there is a charge for the calls.