QUESTION
Should I send a cease and desist letter to someone using home I own as asset in their trust?
Asked on Feb 17th, 2017 on Trusts and Estates - Colorado
More details to this question:
I am in middle of splitting with my ex and its escalated to a restraining order being issued for my protection from him. That being said, it was very strange he sent (unsigned) documents for me to sign under impression they were will/power of attorney/DNR/etc. One is a living trust he's created bearing his name. He lists my home that I own solely as a real property asset of the trust that he has complete control of, can sell, manage/use all funds at his discretion. My home is the only thing of value in trust that is listed. Obviously I didn't sign it, but concerned he maybe implying he has interest in my home with other dealings I don't know of as he has unresolved issues with IRS. Would a cease/desist type letter be appropriate to send to him?
1 ANSWER
Maryellen Sullivan
Your restaining order should prevent him from sending you documents. It is considered contact.
You were correct in not signing anything. Listing your house as an asset of his trust doesn't make it so, and any responsible entity, including the IRS, would check the Registry of Deeds to determine who owns the property. So don't sign any deeds or other papers and take a look at the restraining order. If it includes any contact, you can contact your local district attorney and report the violation. Good luck.
Answered on Feb 19th, 2017 at 7:41 PM