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  1. #11
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    Default Re: Atty Has Not Given Me My Inheritance After 8 Mos

    Quote Quoting Gettingrippedoff
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    Thanks but I do not understand in what context you use the word, "pecuniary". Doesn't pecuniary simply mean "money"?

    I think what you are saying, is the executor does not have to pay out all of the money within 7 months?

    I thought I had already stated - I HAVE READ THE TRUST - THE TRUST STATES, "THE MONEY IS TO BE DISTRIBUTE EQUALLY TO MY HEIRS". PERIOD!!!! It does not state a deadline - only that the money must be distributed.

    People - there are no extenuating circumstances here that would cause the atty or executor to delay other than they are lazy *ss jerks!

    There was NO PROBATE! One of the purposes of setting up the trust was to LEGALLY AVOID PROBATE!

    There are no other pending issues or problems. All due respect - stop making this all so complicated! I appreciate the advice of lawyers and others here but all due respect lawyers seem to want to make this more complicated than it is! Just stop! It's as simple as this - my mother died and my idiot executor brother - for whatever reason - tasked the atty who set up the trust - with redeeming the 10 financial accounts held in the trust. My brother was either snowed by the atty into thinking that HE (the atty) had to liquidate the trust ir was just plain stupid or lazy to know he could have liquidated the accounts himself - or all of the above.

    So it's as simple as this people - the atty who suckered us into having him redeem the accounts - probably did that so he can continue to make fees off of us. He has held 2-4 meetings w the heirs periodically throughout the process.

    But all that was required - was SOMEONE - my brother or the atty - to fill out 15 minutes worth of paperwork (per account) and send it in along w death certificate and the trust information. VIOLA - the financial institutions send the money to you in 3 -10 business days. THAT IS WHAT SHOULD HAVE HAPPENED! I don't know why it is so difficult for everyone to understand that!

    So what this comes down to - CAN ATTY'S SIMPLY DILLY DALLY FOR 2/3RDS OF A YEAR, A YEAR 2 YEARS WITHOUT DISTRIBUTING THE MONEY????? IS THERE NO OVERSIGHT????? Cant' the atty's be held accountable? It seems as though they can do whatever they want and just hang onto the money as long as they want!

    Yes- my idiot brother is remiss in that he's allowed the atty to get away with it all. I myself, even though I am beneficiary only and not trustee - rode the atty all throughout this to get me my money but he mostly just ignored me!!

    I guess in atty world - not doing what non-atty world considers right and appropriate - never enters the equation!
    As one who has just gone through this process of moving money around inside of a trust I can say that it is not just a few minutes of paperwork and a lot hinges on how cooperative the various institutions are. IT took my wife more than a year to finally get all of the money moved around to where she wanted it, as the trustee. It took us about 6 months to get everything to twhere it needs to be to pay off the bequests. I'd say you may be right on track.
    "Where do those stairs go?"
    "They go up!"

  2. #12

    Default Re: Atty Has Not Given Me My Inheritance After 8 Mos

    Wrong! I have the paperwork and also worked in investments for a number of years and so had to fill out the paperwork for clients who dies. IT TAKES 15 MINUTES - 30 MAX!!!! So I have professional experience w the paperwork and therefore what I say has merit and is provable.

    In addition - I called up the financial institutions that hold the money and asked them what their turn time is and THEY ALL SAID 3 business days with a few saying 10 business days max!!! Financial institutions can't just hang onto your money once you've filed the proper paperwork! It sounds like your wife was not good at filing the paperwork and must have screwed it up. I gtee you if you know what you are doing it's 15 minutes - 30 max.

    If there was some problem with the financial institution and they were to blame - do you suppose it would be impingent on the atty to say so and explain? YES!!!!!!!!!! IT WOULD BE! But since the atty did not say anything like that - NONE OF IT HAPPENED! Am I suppose to be clairvoyant and know or is it the atty responsibility to tell me?

    People stop making excuses for the jerk atty! I don't know what planet people are from that they simply can't say, "yea - if there were no hurdles or problems that came up - it doesn't seem right that it's 8 months later and the atty still did not file some of the paperwork" I just find it mind boggling that people will go through conniptions to defend the atty and never acknowledge, "yup - if there was no probate required, and there were no other issues or problems - I too would be upset if 8 months later the atty still had not filed some paperwork"

    YOU PEOPLE DEFENDING THE ATTY NEED TO GET ON BOARD THAT WHAT HE HAS DONE IS WRONG!

    I'LL BE FILING CHARGES AGAINST HIM WITH THE SURROGATE COURT!!

    The surrogate court will prob cover for him and sweep it under the rug.

    I am finding atty's operate on a different planet where up is down and down is up and whereby not redeeming money for 8 months is perfectly fine and dandy. But I bet nobody out there would be ok w a friend or a relative who had your money NOT giving it to you for 8 months! In non-atty world you don't get to screw people over for 8 months and have it be legitimate.

  3. #13
    Join Date
    Jan 2006
    Posts
    38,646

    Default Re: Atty Has Not Given Me My Inheritance After 8 Mos

    as to filing CHARGES against the attorney?

    ya, good luck with that




    you are ignoring the point that your brother the trustee is who your argument is with. The attorney works at the request of the trustee. If you have a problem with what is happening, you sue your brother in his capacity as the trustee. The attorney is basically the trustees employee and works as the trustee directs.

    Now, if the attorney is doing something wrong, your brother needs to step up and fulfill his duties as the trustee.

    So, you need to chase a different car. You’re likely to get run over if you start something with the attorney and it not be warranted.

  4. #14
    Join Date
    Nov 2013
    Posts
    6,283

    Default Re: Atty Has Not Given Me My Inheritance After 8 Mos

    Your point about the attorney working for the trust and at the direction of the trustee is understood. However, he/she still has a duty to follow the law and do his job. And if he is being directed to unnecessarily delay distributions and adverse to the statutes, they need to follow the law and advise the trustee that they are in violation of the statutes.

  5. #15

    Default Re: Atty Has Not Given Me My Inheritance After 8 Mos

    the clerk of the surrogate court already told me beneficiaries have rights and there is a complaint form I can fill out. I'm meeting with her Monday. I am not disagreeing that my brother is also responsible too. But so is the atty.

    It's like atty's are aliens and from a different planet and don't have to go by the normal rules the rest of us lay people abide by. NOW
    "I'm " the problem and at risk cause I haven't gotten my money in due course and in a timely manner? HOGWASH! I am within my rights to want my money. Only in alien world is someone in trouble for wanting what is due them. I will NOT GET RUN OVER! I GTEE if anyone gets run over it will be the atty. Granted - the court system will probably cover up for him and aid and abet him but there will be zero running over of me. I understand that my brother is at fault too but he's simply being snowed and having the wool pulled over his eyes by the corrupt atty.

    so I hire you and you do a bad job - and in your world - IT'S ME who is to blame? So the person doing the bad job is NOT the person hired to do the job who did the bad job but the person who hired him??

    If I take my car to the garage and hire the mechanic to fix it - and he does a bad job fixing it - who is to blame?

    From the alien planet of Atty world here are the rules"

    not return phone calls = warranted
    not returning emails = warranted
    not filing papers for 8 months = warranted

    NOT WARRANTED
    Bringing pressure to bear to get your inheritance in a timely and just manner.

    GOT IT!!!

    I'm glad I found out that I am the big baddy here for wanting my money in a timely and just manner and that the atty and my brother are NOT the baddies cause it's perfectly fine for them to not file paperwork for 8 months and not give me my inheritance.

    ALIEN PLANET ATTY WORLD RULES!

    WANTING YOUR JUST INHERITANCE = BAD!
    BEING MAD ABOUT NOT GETTING YOUR INHERITANCE AND TRYING TO DO SOMETHING ABOUT IT = BAD

    NOT GIVING SOMEONE THEIR INHERITANCE = GOOD!

    You've all made me see that I am the problem here and that it's all my fault for wanting my money and expecting people to do their jobs in a fair and just manner Thanks!

  6. #16
    Join Date
    Jan 2006
    Posts
    38,646

    Default Re: Atty Has Not Given Me My Inheritance After 8 Mos

    Quote Quoting budwad
    View Post
    Your point about the attorney working for the trust and at the direction of the trustee is understood. However, he/she still has a duty to follow the law and do his job. And if he is being directed to unnecessarily delay distributions and adverse to the statutes, they need to follow the law and advise the trustee that they are in violation of the statutes.
    the attorney is liable to (as in where his fiduciary duty rests) the trustee. Op has absolutely no evidence the lawyer has done anything wrong let alone illegal.

    If the attorney is following directives to delay the distribution without cause, as long as it isn’t illegal, so what? That is an issue between the op and the trustee.

    The actions are controlled by the trustee so that is where op needs to look for answers. The attorney has no duty to even talk with the op let alone do anything the op demands.


    So, what has been to be shown to reasonably believe that attorney has violated the law?


    Hell, this statement alone is problematic:

    I thought I had already stated - I HAVE READ THE TRUST - THE TRUST STATES, "THE MONEY IS TO BE DISTRIBUTE EQUALLY TO MY HEIRS". PERIOD!!!! It does not state a deadline - only that the money must be distributed.


    ok, based on that statement, why wasn’t the money distributed 10 years ago? Why would one expect it to be distributed upon the death of the grantor? It surely doesn’t say that. Trusts aren’t automatic toilets that automatically flush on the death of the grantor and spit out all the assets.

    (And don’t ignore the PERIOD, which means there is nothing more. I suspect something more will be added after this post)

    There is assuredly more in the trust document than “ the money is to be distributed equally to my heirs”. My children are my heirs even though I’m sitting here typing. They aren’t getting my money until I’m dead, even though a trust says the corpus is to be distributed to my heirs. The trust documents spell out when. I’m certain the ops trust says more than what he has posted here.




    So, what the op actually needs to do is spend a couple dollars and hire an attorney to read the trust documents and advise the op. All he has done here is argue, without support, the attorney is doing something wrong. Maybe he is, maybe he isn’t. Not enough revealed here to know.

    Quote Quoting Gettingrippedoff
    View Post
    the clerk of the surrogate court already told me beneficiaries have rights and there is a complaint form I can fill out. I'm meeting with her Monday. I am not disagreeing that my brother is also responsible too. But so is the atty.

    It's like atty's are aliens and from a different planet and don't have to go by the normal rules the rest of us lay people abide by. NOW
    "I'm " the problem and at risk cause I haven't gotten my money in due course and in a timely manner? HOGWASH! I am within my rights to want my money. Only in alien world is someone in trouble for wanting what is due them. I will NOT GET RUN OVER! I GTEE if anyone gets run over it will be the atty. Granted - the court system will probably cover up for him and aid and abet him but there will be zero running over of me. I understand that my brother is at fault too but he's simply being snowed and having the wool pulled over his eyes by the corrupt atty.

    so I hire you and you do a bad job - and in your world - IT'S ME who is to blame? So the person doing the bad job is NOT the person hired to do the job who did the bad job but the person who hired him??

    If I take my car to the garage and hire the mechanic to fix it - and he does a bad job fixing it - who is to blame?

    From the alien planet of Atty world here are the rules"

    not return phone calls = warranted
    not returning emails = warranted
    not filing papers for 8 months = warranted

    NOT WARRANTED
    Bringing pressure to bear to get your inheritance in a timely and just manner.

    GOT IT!!!

    I'm glad I found out that I am the big baddy here for wanting my money in a timely and just manner and that the atty and my brother are NOT the baddies cause it's perfectly fine for them to not file paperwork for 8 months and not give me my inheritance.

    ALIEN PLANET ATTY WORLD RULES!

    WANTING YOUR JUST INHERITANCE = BAD!
    BEING MAD ABOUT NOT GETTING YOUR INHERITANCE AND TRYING TO DO SOMETHING ABOUT IT = BAD

    NOT GIVING SOMEONE THEIR INHERITANCE = GOOD!

    You've all made me see that I am the problem here and that it's all my fault for wanting my money and expecting people to do their jobs in a fair and just manner Thanks!
    The problem isn’t you wanting your money. That’s a fair request. It’s you not understanding why there can be legitimate reasons for a delay and rather than pushing the trustee to perform, or at least provide answers, you attack the attorney your brother hired to counsel him and provided guidance.

    You’re shooting at the wrong target.


    If I take my car to the garage and hire the mechanic to fix it - and he does a bad job fixing it - who is to blame?
    the business that employs the mechanic.

    And in your situation, the lawyer is the mechanic but your brother is the business that employs him.

  7. #17

    Default Re: Atty Has Not Given Me My Inheritance After 8 Mos

    Well excuuussseee me! The trust states, "The money is to be distributed to my heirs UPON MY DEATH". My bad!!!

    OK I get it - the atty is fine to dilly dally, take his sweet time, and walk all over my clueless brother and delay everything simply because my brother does not know any better, and does not speak up for himself. Yup - got it!

    By that way - the mechanic IS the owner.

    Who gets blamed then?

    There are no legitimate reason for the delays.

    There is no legitimate reason - if the atty is legitimate if there was a legitimate reason for delays - to not tell me there is a legitimate reason for the 8 month delay.

    Since I was not informed of any reasons - legitimate or not for delay - I will assume the delay is not legitimate.

    There is no legitimate reason for you to assume there is a legitimate reason for delaying.

    There is a legitimate reason for you to say, "baring any legitimate reason for delays - you have a legitimate reason to think the atty assigned to fill out the paperwork might legitimately have done that within 8 months. Legitimately speaking - it's perfectly legitimate for you to think the atty would be legit and file the paperwork that takes 5 hours max total to have filed within a couple of weeks".

    I understand now - this is all my fault and my brother and atty are blameless. Got it!

  8. #18
    Join Date
    Jan 2006
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    38,646

    Default Re: Atty Has Not Given Me My Inheritance After 8 Mos

    Quote Quoting Gettingrippedoff
    View Post
    Well excuuussseee me! The trust states, "The money is to be distributed to my heirs UPON MY DEATH". My bad!!!

    OK I get it - the atty is fine to dilly dally, take his sweet time, and walk all over my clueless brother and delay everything simply because my brother does not know any better, and does not speak up for himself. Yup - got it!

    By that way - the mechanic IS the owner.

    Who gets blamed then?

    And there is the end of the PERIOD

    My point is even in that simple statement you were not complete nor clear in your recitation of the verbiage of the trust document. Because of simple things like that, it becomes obvious there is more and in this case, I am certain there is much more either before or after your statement.


    What im trying to say is this is not as simple as you are arguing it is. There can be justifications for what is happening so rather that going off half cocked, educate yourself. Spend a couple bucks and hire a lawyer to interpret the trust documents and give you a reasonable opinion of whether they believe there is a problem or not.


    even if there is, I don’t believe you will get the results from your intended action against the attorney. Your brother is ultimately responsible and liable for the trust. Your brother is who should be giving you answers and if he refuses, face the judge.

    The person whose feet you have the right to and should be holding to the fire are your brothers. Demand he act. Hold him accountable if he doesn’t.


    Btw: if the business is any true form of business (llc, Corp, whatever) while the mechanic may also own the business, the company is stil who is accountable to the customer. If you were to sue for some issue, you would sue the business, not the mechanic.


    if this is simply a shade tree mechanic without a formal business entity, it can’t be compared to the issue of lawyers and trustees.

  9. #19

    Default Re: Atty Has Not Given Me My Inheritance After 8 Mos

    I like how nobody here can say, "yea - if what you say is true, and there were nothing that would cause delays, that sure is a crummy performance by your brother and the atty".

    Wow - up is down, down is up in ALIEN ATTY PLANET WORLD!

    If what I say is true - that there were no problems that came up - is there ANYONE here who will say- Yea - that's pretty bad that it's 8 months and paperwork to redeem some of the accounts has not even been filed yet"?

    Or will EVERYONE defend the indefensible?

    iT'S AN internet chat room for crying out loud so excuuuuuuuuuuuussssssssssseee me for assuming you understood that the trust only paid out upon my mother's death. I do believe I stated my mother died. So then were you assuming my mother died and the money would just sit in the trust for eternity?

    You are going off half cocked assuming there is justification for the delay when I have stated for a fact that I know there were no delays that came up. And even if there were- then it's more proof of incompetence or malfeasance by not informing me!! "Hey we have a problem - I know you are waiting on the money but such and such happened" So I suppose you will consider THAT ok to? IS THERE ANYTHING that you don't condone? Surely there must be something.

    Who said I wasn't educated on the trust? I stayed in touch w the atty except on those occasions when he did not return phone calls or emails. He never ONCE SAID THERE WAS A DELAY OR PROBLEM! Do not assume! You know what happens when you assume!

    I read the trust documents - I understand them perfectly fine. They state I am to get a percentage share UPON MY MOTHERS DEATH. What else do I need to know? I think I understand that!

    You can be a sole proprietor mechanic and not be incorporated or have a llc. Even if you want to say the mechanic incorporated or has an llc - the mechanic is still the one who will suffer when sued. A business or llc is not a physical entity and cannot feel pain or hurt.

    Looks like all I am going to get here is atty's covering up for atty's and nobody willing to say - yea this atty has done a bad job. Yup - that atty really did not do right by you and your brother even if your brother is clueless and too much of wimp to hold the atty accountable. Yup even though your brother has final responsibility - it does not appear as though the atty has your best interest.

    I am getting use to ATTY ALIEN PLANET WORLD and in ATTY ALIEN PLANET WORLD the sympathies are always with tha atty! Yup - Good on the atty for getting over on you! seems to be the theme here! Let's not blame the atty at all!

  10. #20
    Join Date
    Nov 2015
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    47.606 N 122.332 W in body, still at 90 S in my mind.
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    Default Re: Atty Has Not Given Me My Inheritance After 8 Mos

    Quote Quoting Gettingrippedoff
    View Post
    I like how nobody here can say, "yea - if what you say is true, and there were nothing that would cause delays, that sure is a crummy performance by your brother and the atty".

    Wow - up is down, down is up in ALIEN ATTY PLANET WORLD!

    If what I say is true - that there were no problems that came up - is there ANYONE here who will say- Yea - that's pretty bad that it's 8 months and paperwork to redeem some of the accounts has not even been filed yet"?

    Or will EVERYONE defend the indefensible?

    iT'S AN internet chat room for crying out loud so excuuuuuuuuuuuussssssssssseee me for assuming you understood that the trust only paid out upon my mother's death. I do believe I stated my mother died. So then were you assuming my mother died and the money would just sit in the trust for eternity?

    You are going off half cocked assuming there is justification for the delay when I have stated for a fact that I know there were no delays that came up. And even if there were- then it's more proof of incompetence or malfeasance by not informing me!! "Hey we have a problem - I know you are waiting on the money but such and such happened" So I suppose you will consider THAT ok to? IS THERE ANYTHING that you don't condone? Surely there must be something.

    Who said I wasn't educated on the trust? I stayed in touch w the atty except on those occasions when he did not return phone calls or emails. He never ONCE SAID THERE WAS A DELAY OR PROBLEM! Do not assume! You know what happens when you assume!

    I read the trust documents - I understand them perfectly fine. They state I am to get a percentage share UPON MY MOTHERS DEATH. What else do I need to know? I think I understand that!

    You can be a sole proprietor mechanic and not be incorporated or have a llc. Even if you want to say the mechanic incorporated or has an llc - the mechanic is still the one who will suffer when sued. A business or llc is not a physical entity and cannot feel pain or hurt.

    Looks like all I am going to get here is atty's covering up for atty's and nobody willing to say - yea this atty has done a bad job. Yup - that atty really did not do right by you and your brother even if your brother is clueless and too much of wimp to hold the atty accountable. Yup even though your brother has final responsibility - it does not appear as though the atty has your best interest.

    I am getting use to ATTY ALIEN PLANET WORLD and in ATTY ALIEN PLANET WORLD the sympathies are always with tha atty! Yup - Good on the atty for getting over on you! seems to be the theme here! Let's not blame the atty at all!

    You are one of the last true people person's aren't you? I can just see you laying on the floor kicking and waving your tiny fists...

    The attorney doesn't answer to you, you insolent rude boy, her answers to the trustee (and I can see why that isn't you). Any information that he provides is a courtesy.

    The rest of your post is complete incoherent nonsense. If you don't like how things are being handled hire an attorney and sue the trustee, your brother. That's your recourse.
    "Where do those stairs go?"
    "They go up!"

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