What can I do if my husband stole my children's inheritence money and then filed for divorce? 23 Answers as of August 27, 2012

Husband went to wife's in-home office and removed $48,500 in cash, which her father left for his children in the care of his daughter. Husband leaves home with all auto assets and files for divorce, citing cruelty. How should I file for the inheritance theft he refuses to return? About to have pretrial next week.

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Austin Hirschhorn, P.C.
Austin Hirschhorn, P.C. | Austin Hirschhorn
You should have your lawyer try to get the money restored to you by an order of the court in your divorce case.

If you don't already have one, you should hire a lawyer to help you get back the money that was earmarked for the children.
Answer Applies to: Michigan
Replied: 8/27/2012
Lombardi Law LLC
Lombardi Law LLC | SUZANNE LOMBARDI
In Alaska an inheritance is your property unless you put it into a joint account which it does not sound like you did. You can ask the judge at the pre-trial conference to have him return the money immediately.

The judge will probably hold a hearing and it would probably be a good idea for you to have an attorney to help you prove that money was in fact yours and where it came from.
Answer Applies to: Alaska
Replied: 8/20/2012
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
In your response to the divorce, list this money as a separate asset held for for your children that should be returned to your care.
Answer Applies to: California
Replied: 8/20/2012
ADELMAN & SEIDE, LLP
ADELMAN & SEIDE, LLP | GEORGE N. SEIDE
Make a police report and be prepared to answer hwy you had so much cash in your home instead of in a bank. Have your attorney file for its return in the family law matter.
Answer Applies to: California
Replied: 8/20/2012
DEAN T. JENNINGS, P.C.
DEAN T. JENNINGS, P.C. | Dean T Jennings
Get your evidence in front of the trial court for the dissolution so that the Judge can order the immediate return of the property. File a police report on the theft.
Answer Applies to: Iowa
Replied: 8/20/2012
    Victor Varga | Victor Varga
    Bring it up in your divorce case first, but you may have to sue him separately to collect. Call me.
    Answer Applies to: Maryland
    Replied: 8/20/2012
    Ezim Law Firm | Dean Esposito
    If he stole it, report it to the police.
    Answer Applies to: Louisiana
    Replied: 8/20/2012
    Law Office of Robert D. Rosanelli
    Law Office of Robert D. Rosanelli | Robert D. Rosanelli
    If those funds are really not his, you should seek reimbursement through the dissolution of marriage proceedings.
    Answer Applies to: Arizona
    Replied: 8/20/2012
    The Law Office of David Bocchino, LLC | David E. Bocchino
    The taking of the money and the divorce are two separate issues. You may need to file criminal charges against him for the theft of the money. If you can, get the judge in the pre-trial to order him to return the money. You should consult an attorney in your area who specializes in domestic/family/divorce law to give you direction on how to get this accomplished.
    Answer Applies to: Maryland
    Replied: 8/20/2012
    Steven Harrell, Attorney at Law | Waymon Steven Harrell
    You should employ an attorney, and attempt to have that money frozen into a deposit account by a court order. This would prevent the funds from being withdrawn and immediately spent. You need to immediately file suit, and get an emergency order signed before the funds are withdrawn and spent by your husband.
    Answer Applies to: Georgia
    Replied: 8/20/2012
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    This will have to be addressed in the divorce. The argument is that the inheritance is not community property but separate property if for you. If it was intended for your kids or his kids he should be required to account for it in the divorce.
    Answer Applies to: Nevada
    Replied: 8/20/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Did you hire an attorney and how are you going to prove you had that amount of cash and that he stole it beside your testimony.
    Answer Applies to: Michigan
    Replied: 8/20/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    I do not what state you are in as in Michigan the only grounds for divorce are that bond sof matrimony have been broken. If he took the money that is theft.
    Answer Applies to: Michigan
    Replied: 8/20/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    If the money is not yours, you might have to file a civil suit against him on behalf of your children. The divorce will deal with community property, which the inheritance might not be if it was awarded to the children. Of course, the issue will be proving that the cash existed.
    Answer Applies to: California
    Replied: 8/20/2012
    Law Office of Gregory Crain | Gregory Crain
    Try to recoup it, but probably not.
    Answer Applies to: Arkansas
    Replied: 8/20/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    Assuming you can document the missing money, you should raise it as an issue in the divorce proceedings. Also, since the money was for a specific purpose and you were only the custodian, you may want to report the theft to the police. make sure your attorney is aware of the facts which he/she should be by now.
    Answer Applies to: Michigan
    Replied: 8/20/2012
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    You need to hire an attorney immediately, especially if you are set for Trial. Doesn't sound like you are anywhere near ready for Trial .
    Answer Applies to: Florida
    Replied: 8/20/2012
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    I would suggest that you, immediately, retain an attorney to file the necessary documents to have the Court order the return of the money.
    Answer Applies to: Florida
    Replied: 8/20/2012
    Steven Alpers | Steven Alpers
    I am not sure what is going on. Was this theft recent? If so, you could report it to the police. What is the pretrial for? You should have your lawyer raise the issue in court. You should have had the money in an account as custodian for a minor.
    Answer Applies to: California
    Replied: 8/20/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The issue should be handled as part of a divorce or legal separation action. You may wish to seek ex parte relief seeking the return or escrow of the funds. You should hire legal counsel.
    Answer Applies to: Minnesota
    Replied: 8/20/2012
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Call the police if its a theft and request compensation in the divorce. Present evidence that it was an inheritance.
    Answer Applies to: Washington
    Replied: 8/20/2012
    The Law Offices of Dave Hawkins
    The Law Offices of Dave Hawkins | Dave Hawkins
    If he took money that was not his to take, he committed a crime and you should inform the police.
    Answer Applies to: Washington
    Replied: 8/20/2012
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