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]

Update on My Dad's Estate - Timeshare Users Group Online Community Forums

Today is Father's Day and next Thursday is the sixth anniversary of my Dad's death. In two months it will be five years and the end of probation for the jerk (Dad's broker) who stole money from him, and churned his account into a third of what it started at.

Jerk has had numerous probation violations, including not paying some months of the restitution. There is an acceleration clause which calls for acceleration of the balance, plus 18%, without notice or demand, if a payment is late or there is any other violation of the RA, which there has been, including at the very beginning, the first payment.

Jerk still owes $70000 in principal and an amount between $27000 and $85000 in interest, something a Court will have to decide.

I asked for a Hearing on the matter, and that was last Wednesday. It was complicated by the presence of my brother and stepsister, but they behaved in the courtroom while it was in session.

Jerk's attorney tried to get it dismissed, but the judge ruled against him, saying we are entitled to what we are asking, and don't need the Court to rule on it. He told us to get an attorney to do it.

We did, and we are, if my brother does not protest this attorney away.

I was surprised that the judge had the grasp of the case that he did, being new to it and only having five minutes to flip the file while we all sat and watched. Then I noticed that everything jerk's attorney objected to I had mentioned in the letter asking for the hearing, and those were the items the judge had looked at.

In this case, this one time, I had said what needed to be said, and nothing more.

During the process we found out that the PO is planning another probation violation report for July.

While this was going on, the Hearing, the conference at the County Attorney, and the first meeting with our new attorney, the DM river was coming out of it's bank just four blocks away.

[tonyg Goomba & Super Moderator Find all posts View Profile Close tonyg]

So, did you get to go to the Drake Relays while you were there ?

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

I hope that everything will go smoothly for you, and that soon you'll be able to put this matter to rest.

Sue

[gjw007 Member Find all posts View Profile Close gjw007]

Good luck Jim.

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

Actually, Tony, it was the NCAA Track and Fields Championship, and, yes, I went by there. I had time to kill before the 3:00 Hearing, so I took a drive in the rain down memory lane. My dad had an apartment on 24th St for awhile, so that was one of my drivebys.

Here it is a month later and we have not gotten the attorney hired. My idiot brother has made special demands of the upscale highrise downtown law firm, and that has delayed things.

My hateful stepsister is blaming it on me, saying I am bickering, when I have pretended to agree with everything my idiot brother has suggested, just to move it along and prevent bickering.

Speaking of hateful stepsister, she lives in a downtown highrise, three blocks from the Courthouse, and refused to go take care of the Hearing, forcing a 900-mile for me, more for my brother, who appeared to be there solely for the purpose of derailing my efforts. Hateful stepsister has refused to let hire an attorney for us, until now, until we have to, until the Judge and the County Attorney told us to.

My other stepsister is being very understanding, she being able to see what the problem is. For six years others have refused to do anything, dumping it all on me, and then when I do something they do everything they can to criticize and undo it.

If it weren't for the fact that this will soon be over, one way or the other, I would not be doing it now. But, I could not live with myself if I had not done what I knew had to be done, despite the distractions, which I knew would be there.

As of the last hour, idiot brother claims to have put the retainer in the mail to the attorney, but I believe he is still demanding the attorney accept idiot brother's version of the attorney fee agreement.

The clock is ticking. The PO is planning to report a probation violation cuz jerk has not paid the full balance, but we have not made our demand, legally, for it. Probation ends 8/23, and then if jerk disappears, well, oh well, more to blame on me, I guess.

Speaking of handling estates, since I took care of Dad's, idiot brother agreed he would do Mom's. When the time came, he declined, so I did it as Co-executor with a bank trust officer. There was also an attorney for the Estate.

I submitted decisions that had to be made to my brother by email, and he never answered them.

He hired a lawyer.

At the final Hearing for Mom's Estate, my brother showed up and protested (a 2000-mile trip for him). The judge told him had been kept informed and he was not timely in his objections.

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

Will this never end?? Your dad must be turning in his grave...good luck, Jim.
Connie

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

How are the neighbors?

[M. Henley Class President Find all posts View Profile Close M. Henley]

Commiserations, etc.

Sorry about your latest trials and tribulations. At least you don't have the OFs on your back now (exception, I suppose, their taking leaks in public).

[tonyg Goomba & Super Moderator Find all posts View Profile Close tonyg]

I can't remember what streets I had an apartments on- but it may have been 23rd Street. I'll have to check when I'm out in the garage where the really old files are.

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

Use Search to find recent, sparse, neighbor comments.

24th is like the first street east of campus. I believe the Varsity is on 25th. I useta go there as an itty bitty guy for those Saturday matinees.

Idiot brother has now sent a $1500 retainer to the law firm (for work expected to be under $1000), along with his revised version of their attorney fee agreement.

I have turned this over to him and hateful stepsister, and will now sit in the catbird seat. (Remember that?)

Sounds like a recipe for success . . . Idiot Brother and Hateful, Uppity Stepsister. I really feel confident about how this will go.

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

I just sent two emails.

The first was to the County Attorney and the Probation Officer. I told them things about the improper conduct of jerk and his dad in dealing with the Estate and beneficiaries, to stay out of prison and avoid paying restitution.

I had not done that for five years now, but thought they needed to know things they would have no way of knowing.

The second email was to the attorney we are trying to hire, to let him know that I am stepping down to simplify his dealing with my family, and to let him know that I am here for whatever he needs.
- - - - - -
My brother is engaging in an email campaign of discrediting me and my efforts of the last six years. He's been doing actively doing this the last month, arguing with anything I say, demanding on being in charge, and demanding that the law firm accept his version of the attorney fee agreement.

Since I can't stop him from doing that and it only makes things worse if I try, I have stepped down, even if it means we will not prevail.

I have warned my nice stepsister about the consequences. Since my brother sent the retainer check to the attorney, my stepsisters think this is all done now. They don't see that the attorney may turn it down or that the fees may wind up being more than my brother sent.

Perhaps my brother has had some training from certain Internet forums.

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

The attorney we were trying to hire finally started working on it.

Then, this morning I checked the case file online and found this:

Filings
Title: STATE VS MICHAEL NORMAN KANE II
Case: 05771 FECR175225 (POLK)
Citation Number:
Event Filed By Filed Create Date Last Updated Action Date
ORDER OF DISCHARGE OXBERGER LEO 07/29/2008 07/30/2008 07/30/2008
Comments: FROM PROBATION

My heart sank when I saw it. Probation is not over until 8/23/08, and no Hearing had been scheduled. The PO had told the CA that she was going to report a probation violation in July, for not fulfilling restitution, but she did not do that.

I have inquiries in to her and our new attorney. I sent one to the CA handling the case, but he told me to direct it to our attorney.

I cannot read this Order online, just see that there is one. Perhaps it is not what it appears to be.

If it is, perhaps our new attorney needs to request a Hearing to report a violation of probation.

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

Well, that did not take long. The PO answered while I was composing the last post:

"He has been discharged with the wage garnishment in place which will continue as long as he still owes."

So, he was allowed to get off probation, without fulfilling restitution, despite the Restitution Agreement requiring it as one of the term of probation.

Anything can happen in a court of law. Law is not law unless a judge decides it is.

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

The County Attorney has now replied with the same information, that he has just been informed that jerk has been Discharged from Probation, without fulfilling restitution.

FWIW, prison is crowded and there is a high expense involved in incarceration.

Also, there is an Order, from a previous probation violation hearing, and repeated now by the CA, that any missed payment after probation would be Contempt of Court, with a sentence of 6 months in County Jail for every missed payment.

But, you would have to find him first, and who would enforce that, the criminal part of the case now having been completed?

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

I guess keep tabs on the jerk and every six months take an advertisement notices section of the local paper with his picture, name and address. Basically stating that he is a convicted felon residing in that community who has not made restitution for his crime.

Letters to his neighbors. Sue him to get a civil judgment. Sell the debt to a collection agency.