Fiduciary Duty
How do I obtain access to electronic or digital assets of the deceased?
I was appointed as personal representative of my Fathers estate and need access to all of his electronic assets such as web site and other electronic media. How do I obtain access?
Can I Abandon Property of the Principal if I Am the Agent?
My brother has been assigned as the Care Taker Child because he was caring for our mother since 2006. This was to protect our mother's coop. My mother has been living in Medicaid facilities since this Care Taker Child exemption was submitted in 2009. She has been declared disabled by SSI and all monies goes to the Medicaid Facility where she currently resides. She owns no other assets. However, I (the daughter) have been paying the mortgage, maintenance and all other bills because my brother (the Care Taker Child) has substance abuse issues and cannot work. He has also left the coop about 1 year ago, basically sticking me with all the bills. I do not know where he is. I am not on the co-op UCC filings, nor the first or second mortgage. I am in a position where I have to move. Do I just walk away? Is there a medicaid form that needs to be filed? Will any of these actions adversely effect my mother's medicaid status? I know this is not my mortgage, but I do have Power of Attorney and I wish to exit without adverse effects.It also states on the Care Taker Child agreement that if my brother is unable to fulfill the obligations than I become the Care Taker Child. I basically want to leave without any blow-back. Since I cannot buy, sell nor rent this coop. How do I do this?
What Criminal Laws Applies to a Breach of Fiduciary Duty Under ERISA?
Which criminal codes should be cited to bring criminal charges involving Breach of Fiduciary Duty relating to pension plans and retiree medical plans? Involves federal governmental plans that in 2009 DOD required fiduciaries to follow title I of ERISA, reference DODI 1400.25-v1408 July 21, 2009 Enclosure 3 pp 17-18.
What Can We Do About a Business Partner Misusing Company Funds?
I own a rental property company and a construction company. My partners were my boyfriend and, until recently, his brother. The brother recently quit the business. Many of his recent actions have been questionable, however I believe he sees his actions as simply lying to his brother and I. Actions include the following:1) He purchased a truck that needed to be restored. He told us that he was fixing it for a friend who was going to pay him $7500 for it that in turn would be business income. It turns out that he actually bought the truck himself, spent business time working on it, and now has kept it, refusing to sell it. In addition, he had been in an accident with his other vehicle which is titled in the business name and also insured by the business. He used an insurance check he received for this accident to make the repairs on this new vehicle without us knowing.2) He started a business behind our backs. While he was supposed to be working on a large construction project for the business, he was instead working on the before-mentioned truck and also was working on starting his own business. He paid himself out for work on the project when he was not onsite. During this time he also paid an additional worker to work on the project in his absence.3) Wrote out at least one payroll check to himself and another worker, and then did not pay the other worker.4) After quitting the business several weeks ago, he is still living in business property. He indicated that he would be moving, but he has not yet moved, and has not stated when he will be moving. We are losing rent and paying out additional heat/water expenses due to the fact that he has not vacated the property.5) Promised the full amount of his tax return to the business as is an expectation of the partnership. He claims he has not received the taxes, however he did tell us that even if he did receive them, he would not turn them over.Can you please tell me from the things I've mentioned where these actions stand from a legal perspective? He is refusing to communicated and discuss the issue with us at this time.Thanks much for your assistance!
How Can I Sue LLC Members for Misusing Company Funds?
I am involved in a limited liability corporation under the name of Family Properties since 1990. There is gross negligence in the operation of this LLC. What can I do or whom can I speak with about this issue. I am a board member, but am the only board member who was never granted check signing privileges or copies of the bank statements. I highly suspect illegal activity and want to know what I can do about it? Thank you. Decisions are being made without a vote from the board. There is no correspondence between board members. I am very concerned about this matter and what is going on. I am afraid that monies are being mishandled and information involving the LLC is not being distributed to all board members.