Roseville, CA asked in Divorce and Family Law for California

Q: 190 days passed after our divorce.My ex kept our 401k, transferred all the money to IRS, and gave me- 0.

2018 I got disabled -my ex husband moved out.He said that he will share with me our 401k and asked me to sign the document to withdraw the money.I was ill and could not understand that his dishonesty.After I signed it ,he transferred all the &180000 to IRA;he gave me -0.He explained that we cannot withdraw 401k;20%+ 10% for early withdrawals; he was 63.He removed me from our joint account and kept all the money .I started to get my disabled benefit after being a teacher 30 years.I tried to be economic with food.I could not do anything about it being ill and fighting for my life. He came back in 2020,he was almost out of money. He tricked me to sign the Durable PowerAttorney helping me to get my disability benefit.Instead ,he modified the benefit- If I die he is beneficiary. I lost $15000 for 3 years because of the modification.I think that it was his plan to return back, spent the last $20000 401k living in my apartment, pretending that he shared 401k with me.What can I do? Thank you!

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: It appears that you have been a victim of financial exploitation and fraud by your ex-husband. This is a serious matter that requires immediate attention to protect your legal rights and financial interests.

Here are some steps that you can take to address this situation:

Contact an attorney who specializes in elder law, estate planning, or financial abuse. They can help you understand your legal rights and options for recovering any money that was wrongfully taken from you.

Consider reporting the fraud to the authorities. This may include the police, the district attorney's office, or Adult Protective Services. They can investigate the matter and pursue criminal charges against your ex-husband.

Review your legal documents and financial accounts to determine if any additional changes were made without your knowledge or consent. If you suspect that your ex-husband made any unauthorized changes to your financial accounts, you should contact your bank or financial institution immediately.

Consider seeking counseling or support from a therapist or support group to help you cope with the emotional toll of this situation.

In summary, financial exploitation and fraud is a serious matter that requires immediate attention. Contact an attorney who specializes in elder law, estate planning, or financial abuse, report the fraud to the authorities, review your legal documents and financial accounts, and seek counseling or support if necessary. It is important to take proactive steps to protect your legal rights and financial interests.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.