jdguy, Thank you for your response. My post is still relevant as we have not had our hearing yet. There are no children, so that is not an issue. The check came from my Mother who is elderly now. I would like to think that if a Mother writes a check to her daughter in her name alone, that...
There is no will. If the father/husband passes and leaves behind his second wife, one descendant from him from a former marriage and four from current marriage, how is the estate divided? There are six surviving family members. The surviving second wife is still living in the residence. The...
I am well aware of the difficulty of my arguments. One of the reasons I am on this board is just to get some other ideas that I could use to support my case. My attorney is only one person. I am just assisting him in attempting to give him some more ammunition.
The appreciation of separate...
No, he requested the account be frozen, stopping me from buying and selling, not him. If that did not happen and/or I had warning that the account would be frozen I would have been able to move the open positions to cash, protecting the account from exposure. I managed it daily. How could I...
The total estate is about $3m. I provided the majority of that amount albeit from passive appreciation of "seed money". No, we did not contribute equally. 40 % was gifted to me from a 3rd party. We purchased property #1, sold it at a profit, used the proceeds to purchase property #2 and #3...
Entire estate is about $3m. The case is currently in Supreme Court. After that it will go to the Appellate Court and if necessary the Court of Appeals. Of course I will have an attorney. I am doing some of my own leg work to cut down attorney costs. If the judge does not look at legal...
I will try it. I'd rather try it and lose than not try it and lose. It's possible I might win. I plan to take it to the highest court if necessary. There is a lot of money at stake and it is well worth it. Thanks for your support.
If it is not fraud, I believe at least it would be wasteful dissipation of marital assets .... reducing or destroying the value of a marital asset.
and/or an encumbrance (court ordered freeze) made without fair consideration...
DRL section 236 B:
5. Disposition of property in certain...
N.Y. Dom. Rel. Law 236 (1980) (dual-classification)
Separate property is the narrow exception to the marital property rule, and is limited to the following categories: (3) gifts from third parties; Not all appreciation of separate property is marital. The courts have long distinguished...
Your opinion might change if I give you a few more details. This investment account was managed daily by the defendant because the nature of the investments were options. This was testified to in court. It was protected from loss as the defendant could convert the options to cash on any day...
The original separate property was a gift of a check made out to one of the spouses. The money was used to purchase 40% of jointly held real estate that had appreciated passively due to inflation. Would the gift be credited back first and the balance divided proportionately? As the remaining 60%...