ERIKA Jayne's $25million lawsuit will be unaffected by ex Tom Girardi's comment that she may have known he was stealing millions of dollars from clients, The Sun can reveal.
The Real Housewives of Beverly Hills star's ex, who has been diagnosed with late-onset Alzheimer's and dementia, was confronted up by paps leaving a two-hour lunch with a friend on Thursday.
In a video obtained by Page Six, one of the photographers asked Tom: "Did Erika know anything?"
The 82-year-old former lawyer appeared stunned and confused, as he paused before stating: "I think she does."
But despite rumors his comment could land Erika in hot water, attorney Ronald Richards, who is representing the trustee in his legal firm's bankruptcy case, says it would not stand up in court.
He told The Sun exclusively: "He's not even competent to testify, that statement is inadmissible believe it or not.
"It doesn't matter, she doesn't need to have knowledge – she spent the money and she booked it as expenses and it is a receivable, all this other stuff is noise."
Despite claims Tom was faking his illnesses, Ronald believes his health has deteriorated and fears he will live out his days in an assisted-living facility, having moved out of his multi-million-dollar home in Pasadena.
Tom is also under a conservatorship headed by his brother Robert.
Erika slammed Tom's family for their dementia facility plans during Wednesday's episode of the Bravo show.
While sitting down with Kyle Richards, 52, and Lisa Rinna, 58, Erika revealed Tom's brother had been appointed his conservator.
After sharing his family's plans to put him in a senior home, Erika made it clear that she did not support the idea.
She said: "I'm ready to have a nervous breakdown because regardless of what is going on with him legally, this is someone I was married to for 22 years."
Erika said she "doesn’t agree" that Tom needs to be put in a home, explaining: "My grandmother was put into a home. She had very bad dementia."
After noting that her grandmother was the "most beloved" person in her life, the RHOBH star continued: "This is a very difficult thing because I watched my grandmother die and to see this happen here again."
Erika continued: "I think he needs a caretaker, for sure.
"But I don’t think that he needs to be in a home like I saw my grandmother in. I know what they do to you in there.
"It's supposed to be great care but if you lash out then they medicate you. The only way is down."
Erika is being sued for allegedly knowing that her ex's law firm was paying for her expenses for the past 12 years – amounting to more than $25million.
According to legal documents seen by The Sun, the trustee in the bankruptcy case wants the Bravo star to pay the firm back.
Erika used the money to pay for her American Express bill, glam team and other expenses, according to documents.
The lawsuit alleged: "She attempts to create a distinction between handing her money directly versus paying all of her bills directly.
"The distinction, like her prior motion for reconsideration is meritless. Any payments made for her benefit are her responsibility."
The trustee said the RHOBH star's claims she wasn't aware of Tom wrongdoings is not an excuse, arguing "it would be a miscarriage of justice if [she] was allowed to simply walk completely free of owing over $25,000,000 to the Estate."
"Erika signed all of her tax returns, numerous credit card slips, and was well aware of the money she spent on the Debtor's credit cards and the Debtor’s payment of her personal expenses," the trustee alleged.
"Her feigned wilful blindness and ostrich approach to these expenditures will do absolutely nothing to limit her liability."
The trustee also stated that "the glam cannot be supported by a sham."
Tom and Erika are accused of allegedly embezzling millions from the families of plane crash victims.
A report filed by an independent trustee investigating his firm's assets claimed Tom's company is in major debt and still owes $26million to "anywhere from dozens to hundreds of clients."
A portion of these unpaid settlement funds – about $2million – are meant for the clients involved in the Lion Air Flight 610 crash case.
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