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]

Six emails from my brother tonight, to all the beneficiaries.

2 criticized or corrected me for statements I made, or our attorney made to me, and I passed on to all. (Blame the messenger syndrome)

3 blamed the situation on the Court or the County Attorney.

The last one blamed our attorney, who just got started this past week after my brother delayed his hiring with idiotic demands since June 11.

My brother did not apologize for the delay.
- - - - - -
DW summed it up well:

On June 11, the judge told us what to do, and the County Attorney repeated that, met with us in their office, called an attorney for us and sent us to him.

On July 28 we had not even started.

So, the State discharged creep from probation.

What's not to understand?

Another version from DW: On June 11, four of you decided what you needed to do, agreed, and set aside the money to pay the attorney. The fifth beneficiary did not, made demands, and caused delay.

Why did you let him do that? Why didn't you just go ahead without him?

Yup, seems pretty clear.

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

On the bright side, because of all of our posturing and protesting, the State did do some things in this case they normally don't do.

First, in a probation violation hearing in 2006, when the judge sternly scolded jerk, he told him that if he ever stops making payments after probation ends, he will be found in contempt of court and will spend six months in the County Jail for every missed payment.

Then, last month, without Notice or fanfare, the online case file showed that the State had garnished his wages, so that payments are no longer mandatory. It was when I saw that that I sensed we were in trouble, that the State felt that was all that was needed in this case, that they had waited for us to do something, and when we did not, they did.

Of course, if he moves or changes jobs, what good is a garnishment or the threat of jail?

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

Our sorta attorney reported in. He said jerk is required to appear in Court every 6 months and prove he is making payments, and that he is being garnished, which we already knew since we can read.

He said if we accelerate, it is likely that interest will be allowed only from time of notice, not time of default, so there would be no back interest. It would take an action in court to do that. He didn't see much advantage in doing that.

The advantage would be that if we started interest running now, the court-mandated monthy payment would be $450/month short of paying the interest, so jerk would be either have to pay more, pay it off (or down), or pay the rest of his life, rather than just a few more years. I have told the others that if our attorney says there is no adverse affect of doing that (like staring the statute of limitations running), that sounds okey dokey.

The Just Desserts of all of this is that in order to get his way over the attorney fee agreement, which is what caused the delay, which is what allowed discharge to occur, my brother sent the law firm $1500, and agreed to pay another $500. So, he is the only one out money.

Of course, now he is complaining that the attorney is now advising us on things outside the scope of what we hired him to do!!!!

When I notified all that discharged had occurred, the note I added was, "Our delay did not serve us well." His reply was, "It served the State well."

Yes, it did.

Also, the other day my brother asked me to approve his converting/cashing in an insurance policy that Mom left each of us, which he should have done in 2003/2004. I replied that, as he knows (since he made a 2000-mile trip to object at the Final Hearing) that Estate closed long ago (Jan., 2006) and I have no powers to conduct Estate business.

But he continued sending me stuff.

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

Almost 3 months have passed. I have contacted our attorney occasionally and he has not heard from any of the other beneficiaries, including my brother (who paid a $1500 retainer).

At my urging, our atorney contacted all of the beneficiaries by email a couple weeks ago, asking for replies, and I still have not heard that anyone has.

. . . except for a stepsister who asked me what she should do, and I told her she should reply to our attorney, stating her wishes, and she did.

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

My Gosh....hurry up and wait!

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

Also OY I discussed an ex-neighbor/XSO, named personal representative for a neighbor we helped his last couple of years. The ex-neighbor/XSO did not open probate and an out-of-favor daughter of deceased neighbor did, with an old Will, and was named PR.

Well, the contest of that Will/PR appointment is now in it's 21st month, with 70 court docket entries, and the principals just this month all having been served. There still is no hearing scheduled.

What has been accomplished is that another Will brought forward by the deceased's brother, a Will that brother executed, has been thrown out.

The house is still standing empty, the buyer having finally bolted.

I started that thread as a public service reminder for those who may be considering handling an estate any way other than that prescribed by law.

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

We, the beneficiaries, are probably at the end of the line.

What we started a year ago, and were led to believe would be an easy thing, apparently is just the beginning of what could be a protracted, costly legal entanglement, with no guaranteed results.

It is something we asked the attorney for the Estate to do several times, and that he finally agreed to do three years ago, and then did not, without notice to us. For him at the time it would have been simple . . . 5 minutes in Court with no opposition.

Then, our present situation could be just our attorney's view of it. He is a contract attorney, not a criminal attorney, and is viewing the situation from the standpoint of enforcing a contract, not taking into consideration that the other party is a convicted felon who breached the terms of his sentence when he broke the contract.

The restituion agreement is an automatic agreement, calling for acceleration without notice, if breached. It certainly has not been automatic in reality.

But, another opinion would cost more money.

I contacted the Prosecutor, and they are out of the picture.

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

I just re-read the lengthy email (unusual for an attorney) from our attorney. I just skimmed over it before because it asked me to call him.

He doesn't even understand the facts of our situation, which means he hasn't read the stuff we gave him.

This a new attorney the Prosecutor referred to, not the Estate attorney who is familiar with it.

Still took a fee, though.

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

Now this is bugging me, knowing we have paid an attorney who doesn't understand the facts or what we wanted to do. How can we possible rely on his advice?

Should I contact the managing partner, to see if someone else in their office will review it? It is one of those HUGE downtown highrise firms.

[taffy19 Gold Contributor Find all posts View Profile Close taffy19]

Are you still struggling with this, JLB? You poor thing. Yes, I would contact the managing partner or someone else in that firm who is willing to read the file. How else can they help you with your case?

[T. R. Oglodyte Moderator Find all posts View Profile Close T. R. Oglodyte]

Now this is bugging me, knowing we have paid an attorney who doesn't understand the facts or what we wanted to do. How can we possible rely on his advice?

Should I contact the managing partner, to see if someone else in their office will review it? It is one of those HUGE downtown highrise firms.

Absolutely you should. When you make the contact you should also mention that it relates to the quality of services received; that way your contact is less likely to be shunted back to the attorney with whom you don't want to work. You should also let him know that you do not intend to pay for the time spent by the junior attorney who presumably didn't read (or understand) the materials you supplied.

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

Absolutely you should. When you make the contact you should also mention that it relates to the quality of services received; that way your contact is less likely to be shunted back to the attorney with whom you don't want to work. You should also let him know that you do not intend to pay for the time spent by the junior attorney who presumably didn't read (or understand) the materials you supplied.

I totally agree...this is past ridiculous!
Connie

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

The firm has our retainer so it would be hard to withhold payment, but I will contact the managing partner.

I sent an email to the attorney doing the work and told him that I can tell by what he said that he doesn't understand the facts or what we wanted to accomplish.

Generally, though, the sentiment with the Prosecuting attorney, this attorney, and anyone close to it, we are lucky to have received anything. I guess most convicted felons don't pay restitution if it is called for.

I believe the sentiment is that the felon was inconvenienced during the probation period and that is punishment enough.

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

Absolutely you should. When you make the contact you should also mention that it relates to the quality of services received; that way your contact is less likely to be shunted back to the attorney with whom you don't want to work. You should also let him know that you do not intend to pay for the time spent by the junior attorney who presumably didn't read (or understand) the materials you supplied.

I contacted the Managing Partner by email today, and got a positive reply, so the wheels are turning.

I also received a letter from the attorney handling the matter, saying he has closed the file on it, and will be returning the balance of the retainer. He said he closed it because he has not heard from the beneficiaries. Since he has heard from me a few times, what he means is as a group, with a consensus.

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

The managing partner's wife was ill today, and he was taking care of her, emailing me while doing it. Stuck up for his guy, saying how sharp he is.

I'm sure he is when he listens and understands before deciding.

I was ask to explain seven years of crap succintly. I answered saying it couldn't be done, take care of his wife, and I work on trying to figure out how to say what I want to say.

Then I did it, said what I have never been able to say, succintly, and sent it to him.

That stopped the emails, which I take to be a good sign, a sign that what I said made sense, which it does.