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  1. #1
    Beth Hedburg is offline Junior Member
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    Corrupt Executor..NEED HELP ASAP

    What is the name of your state? North Carolina

    This story is incredible...and disgusting and I need help. The "brother", the executor admitted to making a fake codicil, tried to embezzle a house, assume my mortgage on a house left soley to me (and then denied it), emptied the house of 90% of the estate's belonging that were supposed to be split 50/50, denied the existence of stocks (on tape)...just for starters. I tried to have him removed, but my lawyer & I were "hometowned" by the clerk, although the evidence was staggerring. Problem now: his lawyer, who claims to be the "estate lawyer" (with a fiduciary duty to me allegedly), is trying to close the estate. However, he stated he did not know where the $30,000 of stocks went and "doesn't know if he can find out before the hearing to close the estate" (2 weeks). He states that the only issue is personal property discrepansy. The "executor" claims I took over $20,000 of personal property from the house, and he took $6000, therefore he should get cash for the difference. He made a fraudulant "inventory" of items he claims that I had taken, but in actuality, he took these items, many of which were left to me, many of which I have never seen or heard of. I have appealed the clerks ruling of not removing him, however, the "estate lawyer" is trying to close the estate before the appeal, claiming I can just sue the "executor" if I find a problem. Not exactly working in the best interest of this heir. Bottom line is he is trying to close the estate so that the "executor" can buy the house in the estate that is being auctioned. The "executor" has drained the stock accounts and has hidden over $30,000. (PS: I am out of state and have been charged huge fees from attorneys). So, can this "executor" cash out and disperse funds to himself only, and what do I do if the clerk of this small "hometown" decides that because he is the "executor", he is going to go along with the fraudulant inventory of items that this "executor" claims I have, which I don't. I am being horrifically railroaded. Help!
  2. #2
    tranquility is offline Senior Member
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    Since I have no idea how a clerk can "hometown" you when the evidence is overwhelming, I have no idea how to help. Where I come from, the executor is required to obtain a proper inventory at death and then to protect the inventory. Anything that is distributed to a beneficiary will have a signed receipt and any bills paid will have documentation. The amount left at the end to be distributed will equal the amount of the inventory less the distributions (with receipt) and expenses with an accounting for any profit or loss (and increase or decrease of debt) from the estate's assets.

    Anything missing from that equation is the responsibility of the executor who would have the burden (because of fiduciary duty) to prove he took proper care of the asset(s). But, that's where I come from. Hometown may be different. Unless, of course, you don't have a very good attorney or one knowledgable in probate matters.

    By the way, the estate's attorney does not have a fiduciary relationship with the beneficiaries. His duty is to the executor.
    Last edited by tranquility; 01-27-2007 at 09:05 AM.
  3. #3
    Dandy Don is offline Senior Member
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    You need YOUR OWN attorney (in the same city/county where this estate is being probated) to represent your own interests and to ensure accountability for this corrupt executor (he can tell you whether there is enough evidence now for getting him removed) or at least getting the court to require him to post an executor's bond to protect the financial interest of the beneficiaries from theft. And your brother will probably be facing legal charges for his illegal activities.

    The so-called "estate attorney" is also corrupt, in collusion with your brother, so your attorney can help you sort out any future BS he will be giving you--don't pay attention to anything he says without running it by your own attorney for a second opinion.

    DANDY DON IN OKLAHOMA (tiekh@yahoo.com)
  4. #4
    Beth Hedburg is offline Junior Member
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    Hometowning, Etc.

    Dandy and Tranquility

    Thanks for your help. The "estate attorney" flat out lied when I asked him if he had a fiduciary duty to me. He said "yes". As far as hometowning, the clerk set the standard so high " you have to prove he took actual money...nothing else... or I will not remove him", that at that time I could not show it...just the simple matter of creating a fake codicil and a taped conversation showing he was embezzzling stocks....I have sent a letter of continuance to postpone the Approval of Personal Property and put it on record that closing the estate before the Appeal, and without accounting of these missing monies...should not be done. At least it is on record that the money is missing. I will be sending a certified letter to this "estate attorney" which will have account numbers and amounts of the cashed out stocks, etc. and demanding to know their whereabouts. This attorney made the preposterous claim that he "does not know how he could get a value on the stocks that were cashed..." I guess I just look stupid. Does putting this on record help? Will the NC State Bar care or just cover thier own? I have recorded this "estate attorney's" conversation. Also in that conversation, when confronted about the motive to close the estate, which is to give the executor $$ to buy the house to be auctioned, he denied knowledge of what was happening with the house. Yet, earlier in the conversation, he slipped up and talked about the fees that should come out of the house sale. Again, on tape. Any repercussions for this guy?
  5. #5
    tranquility is offline Senior Member
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    He may have breached his duty of confidentiality and violated the attorney-client privilege if he did not have permission from the executor to talk with you about the estate. You would probably not have standing to bring up a complaint to the Bar.

    Stop doing self-help and get an attorney to protect your rights. While possible, it is unusual for such things to go on in probate when it is known there is a beneficiary watching closely. The penalties can be severe. You need a dispassionate person to look at what you are saying and give you good advice. I can't read into the specifics of your situation as the whole picture needs to be seen and considered. Jumping around trying to hurt the executor and the estate attorney before having a professional look at things does not seem to me you want justice--but revenge. I know people get hot and bothered about things, but that is what attorneys are for. Don't be a fool who has himself as a client. From the description, the amount involved could be substantial. However, if you're going to start trying to prove a false codicil or whatnot, you better get a professional before the close of probate.
  6. #6
    Beth Hedburg is offline Junior Member
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    NOT a Matter of "Revenge"

    I HAVE had legal representation. Bad representation. The last attorney wholeheartedly believed he was "hometowned" and suggested getting a small town attorney instead. The small town attorneys don't want to go against the small town clerk. So, this is NOT self help, the attornies I speak to say this is too complex. The others imply they don't want enemies in their backyard. Going to the Bar: corrupt attornies should be taken to the Bar. I have been railroaded throughout this thing; I have been in courtroom situations before and this is small town corruption. So, where does that leave me? Trying to help myself. Justice isn't going to happen. By God, whatever you do, don't pis off the small town clerk. So, I can't find an attorney who doesn't want to go against another attorney, if I get one out of the area, as before, Mr. Clerk has a field day with them, good evidence is ignored while the clerk doodles on a pad. Maybe I can find an attorney who doesn't quote a price for the hearing, then bump it up by $3000 right before the hearing, which has happened twice...I expect reasonable attorney fees, and if I were in the state this was happening in, I do not think I would be taken advantage of. SO, is it as bad as I am saying. Yes. Note: even the attorneys who were witness to the executor trying to add fake signatures to his fake codicil backpeddled when they got in front of this clerk, and had "instant memory loss". Please don't make judgements about "revenge" rather than justice. Not true.
  7. #7
    tranquility is offline Senior Member
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    I advise you to get competent representation. You last post clearly shows how you are not thinking clearly on this matter any longer. Without competent representation, you will suffer years of increasing stress and hardship before losing in the end.
  8. #8
    Dandy Don is offline Senior Member
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    Try looking for attorneys in a nearby city or county, and also file a complaint with the state bar association for the attorney who bumped up his fee at the last minute.

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