Tom Girardi Should Not Be Evicted From His Home, Brother Says

Erika Jayne‘s estranged husband, Tom Girardi, could potentially face eviction in the midst of his ongoing legal battle — but his brother Robert is asking the court to reconsider.

Shortly after Robert was named temporary conservator over the 81-year-old lawyer and his estate, he filed a request to put eviction notices on pause as he attempts to fully grasp the extent of Tom’s legal troubles and finances. Robert is also concerned about how eviction could impact the state of his brother’s health.

“I understand that my brother’s home may ultimately need to be sold. In this regard, I am making plans for him to have a place to live should his home be sold,” Robert wrote in a declaration filed to a California court on Friday, February 12, obtained by Us Weekly. “Although presently he has no place to live that is familiar to him and near his medical professionals. … I do not believe that immediately removing my brother from his home is justified.”

Robert was appointed temporary conservator over Tom’s estate and personal matters during a February 1 hearing and will remain in control over his brother’s finances until March 30. Attempting to understand the “personal and professional issues” Tom is facing has been one of “the most trying times in my life,” Robert claimed in his declaration.

“My brother presently needs me to make all decisions related to this bankruptcy case, all legal matters in which he is presently involved, and also to make all decisions related to his personal matters, such as health decisions,” Robert added, noting that he sought advice from other legal professionals to help him “make decisions that are in my brother’s best interest.”

Tom’s legal troubles began shortly after news broke in November 2020 that Jayne, 49, filed for divorce after more than 20 years of marriage. The next month, class action firm Edelson PC accused the pair of faking their split to “fraudulently protect Tom and Erika’s money,” claiming that the pair were “on the verge of financial collapse.” The duo was also accused of embezzling $2 million in settlement funds intended to help the families of Lion Air Flight 610 victims.

As the estranged pair continued to make headlines, court docs obtained by Us in December revealed that Tom was secretly hospitalized for a “serious illness” weeks prior. At the time, attorney Evan Jenness told a judge that there were growing concerns over his client’s mental wellness.

“I’m unsure that he understands either the nature or the gravity of the current situation,” Jenness said during a hearing in December, according to The Los Angeles Times. He later recommended that the Colorado native undergo a mental examination as his assets were frozen by the court.

Before being approved as his brother’s conservator, Robert claimed that Tom was facing serious health setbacks and was “incapable of realizing and understanding the repercussions” of the embezzlement scandal. Adjusting to the added responsibilities of taking care of Tom’s health and finances has been “particularly difficult,” Robert noted in his declaration.

“In addition to my efforts to help my brother, I have hired or planned for persons to assist my brother or accompany him when I cannot,” he added. “Furthermore, my brother’s current medical condition has required me to take him to numerous medical appointments as he is unable to drive himself. … Being entrusted with making decisions regarding another’s life is an enormous responsibility which I take very seriously.”

While neither Tom nor the “Pretty Mess” singer have discussed their legal woes publicly, a source previously told Us that Jayne “will address her divorce on the upcoming season” of The Real Housewives of Beverly Hills.

“Legally, there is only so much she is allowed to say, but she has been advised on what she can put out there,” the insider said of the 11th season of the reality show. “Viewers will also finally hear the other Housewives’ thoughts on Erika and Tom’s divorce.”

With reporting by Marjorie Hernandez

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