Negligent administrator

[quincy]

Oh and I forgot to mention it but I had gone to the court and I paid a dollar page to get the Probate file is there anything in there that I should be looking for that might help me

It should not be too large a file if the estate is a small one. There will probably be a petition for an administrator, an inventory of assets, an inventory of real estate holdings, appraisals of assets, a list of creditors and debts, tax receipts, transactions (credits, payments) ...

You know what you are concerned about (the house, the cars) and you probably have an idea of the type of debts your father had. You'll do fine on Wednesday, Marcy.

If you have time, let us know what you learn from the hearing. Good luck.

 

[Outtaplace]

It should not be too large a file if the estate is a small one. There will probably be a petition for an administrator, an inventory of assets, an inventory of real estate holdings, appraisals of assets, a list of creditors and debts, tax receipts, transactions (credits, payments) ...

You know what you are concerned about (the house, the cars) and you probably have an idea of the type of debts your father had. You'll do fine on Wednesday, Marcy.

If you have time, let us know what you learn from the hearing. Good luck.

Thank you once again Quincy. I will most definitely let you know what happens as far as his debts there weren't any besides ss and pension and that got or back but he retired from ups after 30 plus yrs I know there were shares and I can't believe there was no kind of life insurance or something. But that's a different thing. I I have found nothing about any taxes in these papers. Back to debts he refused to use ATM because it charged 2.50 ONLY thing he had that wasn't or for was cars and house which was mine I just didn't qualify for it when I bought it so it was in his name I have a lot tied up in it or did anyway. I never received any notice but I went to check mail.il and there is now a new lock on gate and some guys said they clean house that been foreclosed on and the lady he was working for said the lady told him ththat my brother was notified .! I have no siblings? What's this about and this administrator kept telling me she hadn't hard anything from mortgage people well I have a paper in this file where she was served and notified of mortgage peeps. Intention to forclose and so she did know and lied to me again. Anyway I'll keep you posted. Thank you once again.

 

[Dandy Don]

There is not much that can be done now. Your mistake was that you did not consult an attorney (while probate was happening) so that your concerns/questions could have been dealt with then.

Is the administrator an attorney or is she just a member of the general public? If she is an attorney you can file a complaint against her with the state bar association but you will probably not receive financial damages.

Look at the probate file to see whether she was exempted from having to post an executor's bond or whether an executor's bond was required (most likely she was exempted from having to post a bond).

Can you afford to and are you willing to make an offer to purchase the home (even making monthly loan payments) by negotiating with the foreclosure company?

 

[quincy]

Thank you once again Quincy. I will most definitely let you know what happens as far as his debts there weren't any besides ss and pension and that got or back but he retired from ups after 30 plus yrs I know there were shares and I can't believe there was no kind of life insurance or something. But that's a different thing. I I have found nothing about any taxes in these papers. Back to debts he refused to use ATM because it charged 2.50 ONLY thing he had that wasn't or for was cars and house which was mine I just didn't qualify for it when I bought it so it was in his name I have a lot tied up in it or did anyway. I never received any notice but I went to check mail.il and there is now a new lock on gate and some guys said they clean house that been foreclosed on and the lady he was working for said the lady told him ththat my brother was notified .! I have no siblings? What's this about and this administrator kept telling me she hadn't hard anything from mortgage people well I have a paper in this file where she was served and notified of mortgage peeps. Intention to forclose and so she did know and lied to me again. Anyway I'll keep you posted. Thank you once again.

The administrator can be held liable for any losses resulting from the mismanagement of the estate. If there was a bond filed, the bond can be forfeited. And, again, the administrator can be sued.

Because the house was not in your name (and I assume the cars were not in your name), the house and cars were assets that could be sold to satisfy the debts of your father, if the sale was authorized by the court or if the property was considered abandoned by the mortgage company. I imagine the court authorized the sale. Unfortunately, the fact that you have been paying on the home loan did not make the house yours.

With the foreclosure, you should have the option of purchasing the house back at the foreclosure auction ... although if the minimum price set at auction is not met (generally the balance owing on the house plus costs), the bank will simply take the house and (probably) turn it over to a real estate agency to market (and the price will then be listed at market value).

You should have been notified of any personal property inside the house before the house was cleared but it is possible/probable that the property is being held for you once the estate is closed.

It sounds as if there might have been some mistakes made in how your father's estate has been handled but the review on Wednesday will tell you more. Good luck.

 

[Outtaplace]

There is not much that can be done now. Your mistake was that you did not consult an attorney (while probate was happening) so that your concerns/questions could have been dealt with then.

Is the administrator an attorney or is she just a member of the general public? If she is an attorney you can file a complaint against her with the state bar association but you will probably not receive financial damages.

Look at the probate file to see whether she was exempted from having to post an executor's bond or whether an executor's bond was required (most likely she was exempted from having to post a bond).

Can you afford to and are you willing to make an offer to purchase the home (even making monthly loan payments) by negotiating with the foreclosure company?

She is an attorney and she did indeed post a $75,000. Bond.and I TRIED to get something done thru the probate court the judges office and thru her ever since I found out the house payments were late when I finally got the house approved by judge to do a quick sale on it I HAD A CASH buyer but she would not answer or return any Fone calls I called for 2months EVERYDAY. The buyer tried also and also called probate court and judges office it was 3 weeks before she called him and even made an appointment with him and he told me that house had been forclosed on and she also told him about the cars and some personal things that he told me about that ONLY she would know . She should've told me not him . It's very in ethical.

 

[quincy]

She is an attorney and she did indeed post a $75,000. Bond.and I TRIED to get something done thru the probate court the judges office and thru her ever since I found out the house payments were late when I finally got the house approved by judge to do a quick sale on it I HAD A CASH buyer but she would not answer or return any Fone calls I called for 2months EVERYDAY. The buyer tried also and also called probate court and judges office it was 3 weeks before she called him and even made an appointment with him and he told me that house had been forclosed on and she also told him about the cars and some personal things that he told me about that ONLY she would know . She should've told me not him . It's very in ethical.

A "quick" sale generally means selling for less than what is owing on the house, and it needs to be approved by the mortgage company not the judge. Many mortgage companies will not approve quick (or short) sales, instead preferring to foreclose on the property and sell it at auction for the balance of the mortgage loan plus costs.

I fear that your father's estate was not large enough to allow for the keeping the house and cars.

That said, you should have been better informed about what has been going on with your father's estate. Wednesday will be the opportunity for you to address this concern and others.

 

[Outtaplace]

The administrator can be held liable for any losses resulting from the mismanagement of the estate. If there was a bond filed, the bond can be forfeited. And, again, the administrator can be sued.

Because the house was not in your name (and I assume the cars were not in your name), the house and cars were assets that could be sold to satisfy the debts of your father, if the sale was authorized by the court or if the property was considered abandoned by the mortgage company. I imagine the court authorized the sale. Unfortunately, the fact that you have been paying on the home loan did not make the house yours.

With the foreclosure, you should have the option of purchasing the house back at the foreclosure auction ... although if the minimum price set at auction is not met (generally the balance owing on the house plus costs), the bank will simply take the house and (probably) turn it over to a real estate agency to market (and the price will then be listed at market value).

You should have been notified of any personal property inside the house before the house was cleared but it is possible/probable that the property is being held for you once the estate is closed.

It sounds as if there might have been some mistakes made in how your father's estate has been handled but the review on Wednesday will tell you more. Good luck.

I was not notified of anything and I HAVE been trying to consult with an attorney for some time and everyone I call in texoma area said your not gonna find an attorney to go against one of thief own to try Dallas area. Well I'm assuming they wouldn't make enough to trouble themselves with this and the travel so I got you guys to look to for some or any kind of help. The cars were not sold to cover expenses and thief was money to keep pymnt a up I had money to keep them up but she let them get too far behind to catch up . I tried to contact mortgage co. But since she became administrator they wouldn't discuss it with me my hands have been tied I even sent mortgage co $4000. They returned it . At this point if there is any damages to be got I would give 3/4 of it to help me hold her accountable for her irrisponsableness and neglect because her what actions she does or does not do affects people's lives and just because it's not a multimillion dollar estate shouldn't give her the right to just let these things happen . It's been heartbreaking and very stressing and well I'm not supposed to get emotional on her just state facts. And fact is she has lost everything and apearantly there is nothing I can do seems like

 

[Outtaplace]

I was not notified of anything and I HAVE been trying to consult with an attorney for some time and everyone I call in texoma area said your not gonna find an attorney to go against one of thief own to try Dallas area. Well I'm assuming they wouldn't make enough to trouble themselves with this and the travel so I got you guys to look to for some or any kind of help. The cars were not sold to cover expenses and thief was money to keep pymnt a up I had money to keep them up but she let them get too far behind to catch up . I tried to contact mortgage co. But since she became administrator they wouldn't discuss it with me my hands have been tied I even sent mortgage co $4000. They returned it . At this point if there is any damages to be got I would give 3/4 of it to help me hold her accountable for her irrisponsableness and neglect because her what actions she does or does not do affects people's lives and just because it's not a multimillion dollar estate shouldn't give her the right to just let these things happen . It's been heartbreaking and very stressing and well I'm not supposed to get emotional on her just state facts. And fact is she has lost everything and apearantly there is nothing I can do seems like

I have read and read codes and how administrators are supposed to do what's best for estate and about fiduciary and mismanagement of things etc. and it's there she just did nothing to even try and euchre estate or even communicate. I've had to just watch everything go down the drain when there was no need in it . It's a matter of principle and not letting her get away with it. I understand I'm a nobody to her but that don't give her the right to just do someone this way I trusted her and .....

 

[Outtaplace]

There is not much that can be done now. Your mistake was that you did not consult an attorney (while probate was happening) so that your concerns/questions could have been dealt with then.

Is the administrator an attorney or is she just a member of the general public? If she is an attorney you can file a complaint against her with the state bar association but you will probably not receive financial damages.

Look at the probate file to see whether she was exempted from having to post an executor's bond or whether an executor's bond was required (most likely she was exempted from having to post a bond).

Can you afford to and are you willing to make an offer to purchase the home (even making monthly loan payments) by negotiating with the foreclosure company?

I would but it's so far behind that I can't catch them up there's only like 8 or 9 thousand left in his account now and I was going to do a quick sale and atleSt come out with something vs NOTHING and at least salvage my dads name but she wouldn't answer or return a call to sell the house. So now I've lost my home I have a rental property in bonham I will sell if I have to but she has done me wrong in every way. And there's got to be something or someone that can help me .

 

[quincy]

I was not notified of anything and I HAVE been trying to consult with an attorney for some time and everyone I call in texoma area said your not gonna find an attorney to go against one of thief own to try Dallas area. Well I'm assuming they wouldn't make enough to trouble themselves with this and the travel so I got you guys to look to for some or any kind of help. The cars were not sold to cover expenses and thief was money to keep pymnt a up I had money to keep them up but she let them get too far behind to catch up . I tried to contact mortgage co. But since she became administrator they wouldn't discuss it with me my hands have been tied I even sent mortgage co $4000. They returned it . At this point if there is any damages to be got I would give 3/4 of it to help me hold her accountable for her irrisponsableness and neglect because her what actions she does or does not do affects people's lives and just because it's not a multimillion dollar estate shouldn't give her the right to just let these things happen . It's been heartbreaking and very stressing and well I'm not supposed to get emotional on her just state facts. And fact is she has lost everything and apearantly there is nothing I can do seems like

Attorneys will "go against one of their own." Attorneys are required under their professional codes to report other attorneys who act outside the law. But what is happening with your father's estate and the administration of it does not appear to be illegal although some of what you describe seems a bit unethical.

It is possible the administrator has failed to administer your father's estate properly in which case the judge will pick up on this when the review is done tomorrow.

I understand how hard it must be to see your own father's property sold off and feel powerless to stop it. It is emotional. You hopefully will have a better understanding tomorrow of what is going on.

Please post back after you see the judge.

 

[Outtaplace]

I would but it's so far behind that I can't catch them up there's only like 8 or 9 thousand left in his account now and I was going to do a quick sale and atleSt come out with something vs NOTHING and at least salvage my dads name but she wouldn't answer or return a call to sell the house. So now I've lost my home I have a rental property in bonham I will sell if I have to but she has done me wrong in every way. And there's got to be something or someone that can help me .

How do I file a grievance to bar association? ?

 

[Outtaplace]

There is not much that can be done now. Your mistake was that you did not consult an attorney (while probate was happening) so that your concerns/questions could have been dealt with then.

Is the administrator an attorney or is she just a member of the general public? If she is an attorney you can file a complaint against her with the state bar association but you will probably not receive financial damages.

Look at the probate file to see whether she was exempted from having to post an executor's bond or whether an executor's bond was required (most likely she was exempted from having to post a bond).

Can you afford to and are you willing to make an offer to purchase the home (even making monthly loan payments) by negotiating with the foreclosure company?

Thank you for your information dandy don. Everything you guys ask me to read I read and I am so grateful for your advice I value.

 

[quincy]

How do I file a grievance to bar association? ?

Wait to see what happens tomorrow, Outtaplace. There is no need to file a grievance until you know more. But here is a link to the Texas Bar Association on how to file a complaint: https://www.texasbar.com/complaints

 

[Outtaplace]

Thank you for your information dandy don. Everything you guys ask me to read I read and I am so grateful for your advice I value.

I did see something about 2 separate accounts that had money in them and she only told me about one I don't have file I front of me but I am going to check on that and she did not do his taxes s I don't know how big or small case files are but it was 95 pages

 

[Outtaplace]

Wait to see what happens tomorrow, Outtaplace. There is no need to file a grievance until you know more. But here is a link to the Texas Bar Association on how to file a complaint: https://www.texasbar.com/complaints

Ok I will wait till tomorrow. There's nothing else for her to do she has lost everything except that 8 or 9 thousand and nothing to be paid will they close it out now? And I suppose she get paid out of it also huh? And that would mean I paid her to lose everything.