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View Full Version : Unknown, claimed owned 150 shares in close corp, signed over 50. Still own part?


Wonderwhy101
Nov 11, 2012, 08:19 PM
I was to receive all stock in 2 closely held corps in div settlement.Years ago when we formed trusts we voided original 100 in his personal name, issued 2 new for 50 each to each of our trusts. He filed amended FA I never saw claiming owned 150 as he never signed bk of 100, claimed nonmarital, as president voiding. Transferred 50 after divorce (still didn't sign stock) and "all other interest he had in corp". Other corp only 50 issued to each these words not added. Think amended FA, claiming much as nonmarital, done so judge didn't question unequal settlement I didn't question transfer as never knew claimed to own 150. Found deferred capt gain tax owed, many hidden bills on take over. Am suing divorce attorney for many other mistakes so don't know what to do with this. Does "all other interest" release him of liability or does he legally still own half my corp and responsible for helf the debt including mortgages he signed for and taxes? As with what was hidden my settlement was a negative so if I can recoup anything would like to.
Right now I don't know if I own all or how to file returns or who to ask.
Any help appreciated.

AK lawyer
Nov 28, 2012, 09:58 AM
Strange. This is dated a week ago, but I didn't see it before now.

Anyway, Wonderwhy, you have stated a number of things which are difficult to interpret. You might want to re-phrase in a way that makes sense.


Years ago when we formed trusts we voided original 100 in his personal name, issued 2 new for 50 each to each of our trusts. So you are saying that each of you was a beneficiary of a trust, and the trust owned shares in the name of the trust.


He filed amended FA I never saw claiming owned 150 as he never signed bk of 100, claimed nonmarital, as president voiding.
What's a "FA"?
Your ex, the president of the corporation, never signed the 100 share certificate and then, in this "FA", claimed he owned 150 shares? Including the unsigned 100?


Transferred 50 after divorce (still didn't sign stock) and "all other interest he had in corp".
I suspect "all other interest" would include all 150 shares (if that's what you are saying he had).


Other corp only 50 issued to each these words not added.. .
What other corporation? What words?


... Does "all other interest" release him of liability or does he legally still own half my corp and responsible for helf the debt including mortgages he signed for and taxes?
Liability? You wrote that this language pertained to what he signed over to you. It has nothing to do, that I can see, with his liablilty.

You need to have an attorney look at all the paperwork and talk to you about it.

Wonderwhy101
Dec 3, 2012, 04:42 AM
Im sorry wasn't clearer.
1. Yes, we set up separate trusts manly to protect our other assets from lawsuits our high risk corp business was prone to, 8 years prior we had formed 2 corps for the same reason and he held the original100 shares in #! In his personal name while we had since desolved #2..
2. When we each formed a revokable trust where we were our own and each others beneficiary and trustee and then it trickled down to our children and attorney acting as trustee, We placed all rental properties we owned and the stock he owned in our business by voiding the 100 shares in his personal name, issuing 2 new stocks for 50 shares each to each trust, My ex as president did not sign the back of the voided stock or any affidavit to transfer them.
3. We went through a bitter divorce, His original financial affidavit (FA) stated he owned 50 shares, the same I stated. The day we were in mediation his attorney filed an amended FA with the court showing all marital properties that only his trust name on were his nonmarital as were the 50 new stock that was issued and that the 100 was still active and belonged to him maritally.
I never knew he would try to claim this, I never saw or knew this affidavit existed untl months later, finding it at the courthouse, so did not question only 50 shares transferred to me using an affidavit prepared by his attorney but the stock signed by him as president to transfer it was not provided.
4. I was to get all stock in this corp and another new one we had formed. The orifinal corp also hel property in Miami which he wanted and the mediation settlement stated he transferred 50 stock to me and all other interest he may have in this corp, other than the Miami property. The new corp which did have only 50 shares issued to each trust was in the next paragraph only said he transferred 50 stock to me. Nothing about all other interest,
5. He continued for over a month to sign docs, unknown to me, as president before resigning, including deeding Miami to himself.
6. He had removed all records, 100,000 in unpaid bills and the new tax return I didn't know was prepared. There was large deferred capital gain tax owed and tax for the Miami property our corp had foreclosed on that year which he took in settlement leaving me with the tax.
I have talked with different types of attorneys and accountants, The attorneys have not giveb ne abswers but ab accountant said he still owns these stock and reaps and profut or loss as well as continues to be on the mortgage and guarantee it.
I am trying to find a way to hold him responsible for the debt he left me. He manipulated so much my settlement was negative, his millions.I honesty believe this was done to defraud the court. He and his attorney planned to force me to take the corps which I did not want and listed so much marital property that for convienence was put in his trusts name when we bought it, using a bogus argument should it be found that we created the trusts to separate assets. It was filed just about the time they had worn me down to accept it. With so much shown as nonmarital in his name the judge had no reason to question why he received so much more than I and I didn't get alimony after 30 years,.
Any advice on if this could be possible is appreciated. I really don't know who to ask.