Brother's soon-to-be-ex wiped him out by .....

[Fizzlig]

Virginia

.... writing checks against HIS personal checking/savings account where she was NOT a co-signer on the account. This occurred a few months ago during which time my brother was incarcerated. He is out now and is left penniless and contemplating hiring an attorney. His soon-to-be-ex says her attorney counselled her to take the money to 'pay bills'.

I'm posting this out here for advice beyond a simple 'hire an attorney' recommendation. Does Virginia law allow for this ?????

My brother is a fine guy who simply lost his way and drank himself stupid to escape the hell he had to put up with married to 'Satan's Daughter' for nearly 30 years. I am doing what I can financially to assist him and from a legal standpoint, want to see that his cretinous soon-to-be-ex doesn't rake him over the coals. Fortunately, from a property standpoint they both have very little left that has not been amicably 'split'. There is still a vehicle involved, however.

Any insight would be most welcome.

Thanks!

Fizz

[mistoffolees]

Originally Posted by Fizzlig

I'm posting this out here for advice beyond a simple 'hire an attorney' recommendation. Does Virginia law allow for this ?????

Did she sign her own name or his?

If she signed her own name, he needs to go to the bank and remind them that she was not an authorized signer and demand that they put the money back in his account.

If she signed his name, it's forgery - which is illegal in every state.

As for the rest, I would strongly encourage you to stop with the "Satan's Daughter' and 'cretin' and so on. You're not helping anyone and could easily make things worse for your brother (particularly if there are children). He chose to marry her and stay married to her for 30 years. That was his call, not yours, and he chose to do it for some reason. Not to mention that it's likely to backfire (again, particularly if there are children). After all, who's the one who was in jail?

[LdiJ]

Originally Posted by mistoffolees

Did she sign her own name or his?

If she signed her own name, he needs to go to the bank and remind them that she was not an authorized signer and demand that they put the money back in his account.

If she signed his name, it's forgery - which is illegal in every state.

As for the rest, I would strongly encourage you to stop with the "Satan's Daughter' and 'cretin' and so on. You're not helping anyone and could easily make things worse for your brother (particularly if there are children). He chose to marry her and stay married to her for 30 years. That was his call, not yours, and he chose to do it for some reason. Not to mention that it's likely to backfire (again, particularly if there are children). After all, who's the one who was in jail?

While I agree that if she signed his name it was technically forgery, in many states if he habitually, throughout the marriage, allowed her to sign his name to checks to pay bills, then a DA probably won't prosecute.

If fact, if he went to prison without making arrangements for bills to be paid then a DA might decline to prosecute anyway.

I agree that brother needs to cut out the "satan's daughter" and "cretin" bits. This was a 30 year marriage, not a 30 month marriage.