maggiecarter
Mar 7, 2012, 01:34 AM
In 1986 my X husband was sued and charged with fraud. The creditor was granted a judgment of $800,000. They never collected, as we had no assets.
Years later, we started making money, and my husband has his attorney draw up an irrevocable trust. He told me it would protect our assets as we acquired them, and that I would be the trustee, overseeing it all. His attorney drew it up, and we opened a checking acount in the name of the trust. Except for that account, the trust was non-existant. We purchased a home, and it was placed into the trust, for a time. It was removed for refinance purposes, but never put back.
Fast forward to a divorce. Husband hires a trust attorney to claim I STOLE money from the trust, because everyhting that went in was trust money, and everything that went out (all our expenses, mortgage payments, life expenses) was money I stole.
The probate judge says I have lost my community property. How can I claim undue influence? I didn't know I was giving up my community property
Years later, we started making money, and my husband has his attorney draw up an irrevocable trust. He told me it would protect our assets as we acquired them, and that I would be the trustee, overseeing it all. His attorney drew it up, and we opened a checking acount in the name of the trust. Except for that account, the trust was non-existant. We purchased a home, and it was placed into the trust, for a time. It was removed for refinance purposes, but never put back.
Fast forward to a divorce. Husband hires a trust attorney to claim I STOLE money from the trust, because everyhting that went in was trust money, and everything that went out (all our expenses, mortgage payments, life expenses) was money I stole.
The probate judge says I have lost my community property. How can I claim undue influence? I didn't know I was giving up my community property