Fiduciary Duty
What legal actions can be taken against a partner's misconduct in a business?
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!
Is my estate attorney colluding with my sister's husband against me?
Is an estate attorney representing my sister and myself in the Estate of our parents colluding when said atty talks with my sisters husband who is an atty and states that she has never seen a more serious case of abuse of the Power of Atty.? I was named as the POA by my Dad upon his death 3/28/07 to care for my Moms needs.For five years I have dedicated my life 24/7 to my Dad with bone cancer and then for my Mom who had 2 stokes and diagnosed with vascular dementia.My Sister became incensed over me being named POA. After my Dads death I opted to keep my Mom at home.She improved in her state.Always knowing the names of all those around her and also improving over time to reading the paper,watching movies with comprehension and asking to listen to certain music by names.This can be validated by the caretakers and myself as a Medical Doctor-along with the Mayo Doctors whose care she was under. My Sister wanted to place my our Mom in a facility because of the amount of money that she stated was not justified.As A side bar her husband (Pete) is the atty that the Estate Atty made this statement to:they have been married for 5 years and this time frame correlates with the exact time frame my Sister started having a severe breakdown in our previously close Sisters relationship. I firmly believe this to be a grievous problem. I will admit to a commingling of monies. Mine with my Parents.We have in the past ALWAYS been a close family and never did I count the cost or receive any salary for my 5 years of care.Please help me as it has been said to third party from my Sister that she would hate to see me go to jail over this...Please I need desperately your input or legal understanding in this matter.My parents wanted to pay me however there was no amount of money I could ever place on this,as I choose to do this .
What can we do if the power of attorney refuses to share information?
My mother-in-law is 90 years old. She appointed her son, my brother-in-law as her power of attorney. He has been her POA for at least 5 years. She has recently gone into a nursing home and my husband and I have asked the POA to keep us advised about her financial situation as well as her medical conditions (we are not in the same town) and he has refused to share information. I have no idea how much money she has at this point, to pay for nursing home, funeral expenses, etc. What can we do to get him, the POA to share information with us. Do we have a legal case here? My mother-in-law is not getting any information from her son either, and she even though she is in a nursing home right now - she is aware and wants to know her financial situation in order to plan her future. Help!!
Does my sibling have the right to see my mother's insurance paperwork?
My mother passed away this year leaving a life insurance policy with myself only as beneficiary, she had no other assets and had lived with me for the past 7 years after my father died. He stated my mother did not want to go into a rest home and her monthly income of S & S should take care of her living with me, now my only other sibling is wanting to see all of my paperwork, does he have the right?
Can I get in trouble for my wife's actions with her mother's estate?
Just curious.I have discovered that my wife, acting as the execute of her mother's estate, is taking money from the estate without informing her 3 brothers (ages 45, 39, and 35). Two of the brothers are married and one is an award to the state.My question is this, I discovered she has deposited this money (at least $15,000 recently) in an a joint account with my name it. Again, I have NOT concentrated to this or was even aware.Can I get in trouble?