Update on My Dad's Estate

[JLB Please excuse me, I'm a Dick. Not a moron just a Dick Find all posts View Profile Close JLB]

http://www.tugbbs.com/forums/showthread.php?t=22237

I just spoke to the Executrix of my Dad's Estate and she said the attorney for the Estate has agreed to accelerate the Restitution Agreement entered into by my Dad's stock broker, prior to the Probation Revocation Hearing scheduled for June 26.

That means that instead of being $1500 or $2000 behind in payments, around $90000 will be due v. a 10-year prison sentence. It will also put an end to a very poor restitution agreement that had 14 more years to run!

This has been going on close to four years and a few folks have been following it Over Yonder, wishing me well with it over the years. Since I can't right now, could someone please add this good news to that thread?

Gracias.

[riverdees05 Platinum Contributor Find all posts View Profile Close riverdees05]

Done

[ArtsieAng Super Moderator Find all posts View Profile Close ArtsieAng]

glad to hear it.....

[grest Senior Member Find all posts View Profile Close grest]

good news, unless they choose jail time!
Connie

[JLB Please excuse me, I'm a Dick. Not a moron just a Dick Find all posts View Profile Close JLB]

It is his dad who paid the upfront amount of the restitution agreement, his dad who has been paying the monthy amounts, and his dad vis-a-vis his son's attorney who said we would not see any money after probation ended, leaving 12 years of payments.

So if his dad will not pay now, to keep his son out of prison, then he will not pay once probation is over.

If it is a bluff they have been playing, hoping that we will take a little every month, for next to forever, and put up with missed payments, rather than risk getting nothing, we have called it.

The beneficiaries are unanimous, pay or go to prison.

There is always the possibility that the judge will not send him to prison, to fulfill his sentence, if he does not pay. That is what the Probation department and the Prosecutor are for, to continue to represent the victim, in this case deceased, after the fact.

[JLB Please excuse me, I'm a Dick. Not a moron just a Dick Find all posts View Profile Close JLB]

Wouldn't You Know It

Just as I was resting, having done as much as I could on my problems for the time being, I logged on this morning to find emails from my over-educated idiot brother, spouting off and making a fool of himself. He broke his silence of the last two years by dropping an email to the Executor of the Estate, and another one to me and our stepsisters.

The purpose could only be to make the plan we have been working on the past three months come undone between now and the hearing 6 days from now.

I called the Executor and have emailed back and forth with my stepsisters. Doing that I found out he plans on making the long trip for the hearing. The purpose of that could not be good, likely to spout off more and make a fool of himself, and us by inference. My stepsisters are trying to get me to be there, but I told them I can't think of a more unpleasant place to be.

I also learned that he has badmouthed me for the way our mother's estate was handled.

I've tried to explain to them all that it is a hearing of the criminal legal system, not the estate, and we won't be a part of it. It is the criminal system deciding what to do with someone who violated his probation.

In that regard, I followed up with the Prosecutor and the Probation Officer, emailing them again on what the estate is doing, a copy of the agreement authorizing it, and a breakdown on what has and has not been paid in restitution. They both acknowledged receipt.

Oh well, so much for resting.

[grest Senior Member Find all posts View Profile Close grest]

You must be so tired of this whole thing...it appears that as long as the others don't let things rest, you won't be resting either...sorry, friend.
Connie

[JLB Please excuse me, I'm a Dick. Not a moron just a Dick Find all posts View Profile Close JLB]

I got an email from the PO that will be handling it Monday, saying she got my information. I told her she could talk to my stepsisters that day if she needs information from anyone.

So, I'll turn this burner down a bit and let it simmer for awhile.

[funtime2 Senior Member Find all posts View Profile Close funtime2]

I am so sorry that you are having to deal with such. The legal process is always an on going play. Always a new chapter or one that is not finished.

[katiemack Super Moderator Find all posts View Profile Close katiemack]

Since it sounds like your brother is meddling in where it won't do anyone any good...here's hoping that he gets a flat tire which makes him miss the appearance...not a blow out, but just one flat tire that slows him down....and maybe a rusty lug nut that just won't come off.

[JLB Please excuse me, I'm a Dick. Not a moron just a Dick Find all posts View Profile Close JLB]

My brother sent a huge file which I could not open.

I checked the case history online and saw that the attorney for the estate filed two Orders on 6/14, one of which was crossed out and said it was entered in error,

I called the Executrix to check with the attorney to see what has been filed.

I then called the Clerk of Courts to see if there is any way to view an Order in its entirety online, or to have someone read it to me.

During the course of our conversation she said that this person's probation has already been revoked and the Hearing Monday is for the judge to decide what to do next. We were all under the assumption that the Hearing was to decide whether to revoke probation.

[Chap7 Super Moderator Find all posts View Profile Close Chap7]

So is he currently in jail or is he free until the judge makes a final determination? Is it possible this guy could flee rather than go to prison?

[JLB Please excuse me, I'm a Dick. Not a moron just a Dick Find all posts View Profile Close JLB]

I answered this yesterday and it disappeared too.

Exactly what I was thinking when the Clerk's office said that!

I've known about the Probation Revocation Hearing for maybe three weeks, but was never told it has already been revoked. I guess that's something the Probation Office does when there is a violation, and it does not take a judge to decide that.

When I view the case history online, I cannot see summons, warrant and service information until after the fact, if service was not made. There is a link to warrant information but you have to a be a subscriber, someone in the system, to use that link.

The frustration of the last almost four years is that there is no way to get questions like this, or many others, answered. The Executrix is the only one fielding questions and she does not know this type of stuff.

I could have called the PO or the County Attorney, but they really and truly hate it when the phone rings.

The attorney for the Estate, whom I hired originally, stopped taking phone calls or answering emails from any of us in September, 2003 (or maybe 2002, whichever ).

So is he currently in jail or is he free until the judge makes a final determination? Is it possible this guy could flee rather than go to prison?

[JLB Please excuse me, I'm a Dick. Not a moron just a Dick Find all posts View Profile Close JLB]

Hearing Results

From my brother:

The judge asked Creep what his sentence is and he mumbled something about 5 years probation. The judge said, firmly, "No. 10 years prison!"

The judge asked Creep what happens if he misses a payment after probation. Creep mumbled something. The judge said, "You will be in contempt of court and you will spend 6 months in county jail (worse than prison) for every payment you miss. Understand!?"

The judge increased the monthly amount from $500 to $600, but that still leaves 12 more years of payments, us having to have and pay a Trustee, and us having to hire an attorney if payments get missed.

There was no mention of accelerating the Restitution, which we all agreed to do, the attorney for the Estate and the Executrix said they were doing, and the POs and the Prosecutor thought we were doing.

My brother said he was impressed with the justice dealt out, but I am just dumbfounded. By all communications up until this one my brother had said he wanted Creep to pay all the money now or go to prison, plus he's wanted to sue for millions more.

No telling what happened.

[grest Senior Member Find all posts View Profile Close grest]

...and the unpleasant (to say the very least) saga continues...
Connie