Legal Battle: Trust Abuse and Property Mismanagement in Thomas’ Accident Case

2023-09-11 07:02:00

In 2009, Thomas was the victim of a serious road accident. He was placed in a coma for seven weeks and his life was in danger. Fortunately, he gets back up, but the physical and psychological following-effects are significant. He is placed under property administration by the justice of the peace, who appoints a lawyer to manage his assets.

Three years later, his mother asked the judge to take over from the lawyer. The judge accepts. It is September 2023 and Marie is summoned before the criminal court. Her son, her daughter-in-law, her ex-husband and the public prosecutor consider that she abused her son’s trust, by diverting the insurance compensation for her benefit, we are talking regarding several thousand euros.

Voyages, liftings…

The civil party’s lawyer denounces the defendant’s lifestyle, trips to the ends of the world, facelifts, shopping for clothes… while she receives a monthly social allowance of 1,400 euros. “She led this lifestyle, while he had to make do with food packages to eat,” complains the lawyer, who is demanding more than 150,000 euros.

For the public prosecutor, the prevention of breach of trust is established. “In 2021, the lawyer resumed property administration and discovered strange transactions, unjustified retirements, transfers to his bank account and that of his new partner, travel expenses in India and Thailand. This is not how you manage another person’s property. In addition, his companion declared that a large withdrawal had allowed them to buy a house,” says the deputy of the king’s prosecutor. He requires an 18-month prison sentence, suspended, for the breach of trust, but an acquittal for the prevention of harassment.

No fraudulent intent

This little lady seems to be alone once morest everyone. Only her daughter, fruit of the union with her last companion, supports her. His lawyer too. Me Olivia Decoene pleads for the acquittal of her client, due to lack of moral intent. “Certainly, she managed her son’s property in a straightforward manner, but she never had the intention of stealing his money. She fought for years so that he might receive compensation, she worked for free for her son.”

The lawyer adds that her client always detailed the smallest expenses to the very scrupulous justice of the peace. “I have always done the right thing,” says the defendant, accusing her daughter-in-law of being at the origin of the family dispute and the complaint filed. “Everything changed when he arrived.” On the other side of the bar, the daughter-in-law protests, accusing her mother-in-law of having spit in her face. Atmosphere !

Judgment in early October.

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