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Old 06-15-2008, 11:11 AM
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Update On My Dad's Estate

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.
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Old 06-15-2008, 12:12 PM
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So, did you get to go to the Drake Relays while you were there ?
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Old 06-15-2008, 12:35 PM
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I hope that everything will go smoothly for you, and that soon you'll be able to put this matter to rest.

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Old 06-15-2008, 01:40 PM
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Good luck Jim.
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Old 07-23-2008, 02:44 PM
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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.
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Last edited by JLB; 07-23-2008 at 02:51 PM.
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Old 07-23-2008, 06:30 PM
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Will this never end?? Your dad must be turning in his grave...good luck, Jim.
Connie
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Old 07-23-2008, 07:25 PM
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How are the neighbors?
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Old 07-24-2008, 08:36 AM
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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).
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Old 07-24-2008, 09:06 AM
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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.
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Old 07-24-2008, 10:10 PM
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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.
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