LuckyLadyT
Junior Member
What is the name of your state? Nevada/New York
Nevada concerning jurisdiction over Custodian/NY concerning Probate or lack of
I will try to sum this up, but will still hopefully detail enough so not to be 8 pages long.
Any answers to the many Q's within will be extremely useful/helpful. I have researched for a couple of months and along the way new info comes to light and circumstances change. When ever they change there seems like more legalities to deal with, so please, help if you can. I'm seeing possibly the Breach of Fiduciary duty concerning Minor's account, Intentional Fraud, Misrepresentation handling the estate, maby a fraud too by acting as Executer or Personal Rep for the Estate knowing this wan't what actually was???? Ommisions, intentional. Please look for these &/or anything else you may see and let me know your thoughts and ways to proceed, even types of forms I should use to Petition with or make a claim .... Thanks ahead for patiently reading, reading all makes all come to light....
Simple Facts:
~Father in law passes in March 2006 in New York
~his Daughter says she's handling everything, we know there's a Will and father's properties (money) is divided equally between his Daughter and my husband, his Son.
~Son & I live in Las Vegas with minor daughter of ours; Son trusts his sister to take care of the Estate in NY because it was told to us that she is Executor
~Not in Will is the fact that Father wanted minor grandaughter to have $10,000 which he made a point to talk to Daughter & Son together 4 Mos. b-4 passing, stating this. This issue was agreed upon and grandaughter did receive $10,000, but more came with that which will be explained later.
~Father moved into Daughters house (Mother passed years b-4) 4 & 1/2 mos. before he passed knowing he didn't have long. At this time Father made Daughter a Joint holder on checking account of appro $80,000 which was out of convenience and to avoid those funds from Probate, but was expressed and understood between the 3 of them (Father,Daughter & Son)that those funds were to be divided as per Will except for the portion for the grandaughter.
~About a month before he passed Sister in law & I had a conversation about the funds because Father went into Hospital and it was unknown at that time if he was going to be able to go back home or in a facility (nursing home) that had the equipment possiblby needed for his breathing. During this convo she revealed she was worried about the funds and if a nursing home could take them...she said there was a savings account also, but didn't know how much was in it and she wasn't on the account.
Now with all that said, after he passed in March 06' it went like this:
Fake names here but will be easier to follow
Bob will = Son
Kim will = Daughter
Lisa will = Grandaughter
~Kim is handling Estate, she sends Bob $5000 via bank transfer by counter deposit in a NY bank of the same as Bobs' bank into his checking account in Las Vegas. Kim says this is what remained in an account of Dads.
~Kim tells Bob she hired an Accountant at this point to figure out the best way to go about all this.
~ Bob received $2500 in late Aug and Kim tells Bob his total is $10,000 plus what life ins. he is co-beneficiary to. $5,000 in June was already received from Kim as per above and this $2500 . Bob is also told now that she needs Lisa's SS# to put her $10,000 into an account, he figures she knows what is supposed go where and how so he gives her the SS# of Lisa's which is a Minor and our daughter....I am not aware of any of this having to do with my own daughter at this point (an issue in its self, but not for here)
~Dec. Bob receives his last $2,500 of the $10,000 and his ins. check. Done deal,so we thought.....
Bob and I get into a car accident with a wall in Feb. 07' and we are in need of $3000 cash for surgery downpayment for reconstruction of my cheek and eye bones a week after accident, now March7th,07' Bob calls Kim in hopes of borrowing from Lisa's $10,000 for medical emergency, she sends him $5,000 Western Union. I get surgery and now have to do taxes and I call Kim, after finally finding out about my daughters' $10,000 confirmed to me because Bob tells me where the $$ actually came from for surgery, and ask about the 1099's and about daughters' monies in general. I was told it was none of my business by Kim, needless to say that did NOT go over well with me. She refused to tell me squat & also refused to send 1099's. I became suspicious, very that something was going on we didn't know about. Not even what type of account, bank name NOTHING except SHE would take care of my daughters' money.
I investigated now, laws, some probate, etc. I wrote a demand letter to her requesting all information and copies of transactions, receipts, how this $ was aquired, I just about covered everything that I had a right to according to the UTMA law of custodian having to provide these docs upon request of a parent or minor's legal Rep.
I receive about a half page response with no docs only saying an interest amount for my daughter and that the accountant said for both BoB's and Lisa's taxes that they can be claimed as either estate or gifts and that it's the interests that have to claimed as income on those $$$ because it didn't go over the $10,000. She did say "of Lisa's $10,000 this is the amount of interest" , but no other esential Q.'s or documents were provided like they were supposed to be. She also listed all of Bob's $$ with dates sent including the $5,000 in March 07' as being his! Good right? That's a catch 22, Bob never knew he had more coming to him...we were really upset because all this $$$ together would have been a nice down payment to a house which we were hoping for and Yes, after a phone call there was still another $5,000 for Bob which he had her send after he found out which is now mid April.o7' $20,000 total and Lisa's $$$ is still $10,000 in the bank.
We moved into a rented house towards the end of April, that took up May pretty much THEN for the 1st time in 26 years my husband (Bob)is jobless,looses his job he's been with since moving to Las Vegas 6 years ago and is out of work at no fault to him, are assets are drained within a few weeks and we go from over 75,000 a year to everything happening at once and no $$ left but for some flooring we can sell & other things like that, we are in hardship. (this is embarrasing to tell you all,but needs to be said so you get the correct facts of everything so I can get an accurate opinion/advice from yas hopefully...srry this is so long, really trying to make this as short as possible)
So now it's beginning of July and we try to get a hold of Kim to now ask for $3500 from Lisa's account, not only for us, but for Lisa, Softball fees, new school clothes, school supplies and dental with some towards rent and electric for us, we just want to make sure Lisa's norm doesn't get interrupted and looking out for her 1st and foremost. Kim won't return calls, finally she does and says "NO". Lisa calls her twice, no return calls when Lisa asks for her to send some $$ ( Lisa's idea to call her, not ours)
We feel Kim's non-concern is personally wrong, but further I still had to wrap up what I suspected in March before our new problems and now with her not considering what is to the benefit of Lisa I am more determined than ever to find out what I feel isn't right.
I investigate public Records and figure out her local bank she probably banks with, I call them with my daughter present & gave them her SS# and she gave permission for them to discuss her account with me. So BINGO, I find out the bank and that it is in a 1 year CD ($10,000), but the manager said there was no way even with court order the $$ could be accessed. I then did more research into Probate and called the bank to find out account # so I could file with Distric Court here in Vegas (Minors' residence has jurisdiction over Custodian), I did this by just stating my daughter has a CD for $10,000 and I'm just calling about what the total is to date with the interest and in doing so the guy says "There's TWO CD's, do I want them both"? I was shocked! 2 for $10,000 each and I was given the account #'s, never lying and gave my identity as the Mother. I knew there were secrets, lies...too bad no video though huh?
Anyways my husband was shocked too, unknown to both of us the second CD existed. I tryed to figure out what to do and I thought at that time (beginning of Aug.) that a Petition to disburse from a Compromise of Minor's Claim was the form, I filed that along with affidavits of income status asking for an Order to release funds in time of severe financial hardship, for the benefit of the Minor. Judges Secretary told me it was denied only because of Procedure pretty much of wrong forms and basically said if I had the right ones, it would go through...couldn't tell which forms though but advised I get a lawyer....another catch 22..no $$$$$ to hire a lawyer.
Oh, I called NY Surrogates and they were great, looked up records over the phone for me and No Will has been filed yet...which brings this around to....
CON"T below, (next Post)
Nevada concerning jurisdiction over Custodian/NY concerning Probate or lack of
I will try to sum this up, but will still hopefully detail enough so not to be 8 pages long.
Any answers to the many Q's within will be extremely useful/helpful. I have researched for a couple of months and along the way new info comes to light and circumstances change. When ever they change there seems like more legalities to deal with, so please, help if you can. I'm seeing possibly the Breach of Fiduciary duty concerning Minor's account, Intentional Fraud, Misrepresentation handling the estate, maby a fraud too by acting as Executer or Personal Rep for the Estate knowing this wan't what actually was???? Ommisions, intentional. Please look for these &/or anything else you may see and let me know your thoughts and ways to proceed, even types of forms I should use to Petition with or make a claim .... Thanks ahead for patiently reading, reading all makes all come to light....
Simple Facts:
~Father in law passes in March 2006 in New York
~his Daughter says she's handling everything, we know there's a Will and father's properties (money) is divided equally between his Daughter and my husband, his Son.
~Son & I live in Las Vegas with minor daughter of ours; Son trusts his sister to take care of the Estate in NY because it was told to us that she is Executor
~Not in Will is the fact that Father wanted minor grandaughter to have $10,000 which he made a point to talk to Daughter & Son together 4 Mos. b-4 passing, stating this. This issue was agreed upon and grandaughter did receive $10,000, but more came with that which will be explained later.
~Father moved into Daughters house (Mother passed years b-4) 4 & 1/2 mos. before he passed knowing he didn't have long. At this time Father made Daughter a Joint holder on checking account of appro $80,000 which was out of convenience and to avoid those funds from Probate, but was expressed and understood between the 3 of them (Father,Daughter & Son)that those funds were to be divided as per Will except for the portion for the grandaughter.
~About a month before he passed Sister in law & I had a conversation about the funds because Father went into Hospital and it was unknown at that time if he was going to be able to go back home or in a facility (nursing home) that had the equipment possiblby needed for his breathing. During this convo she revealed she was worried about the funds and if a nursing home could take them...she said there was a savings account also, but didn't know how much was in it and she wasn't on the account.
Now with all that said, after he passed in March 06' it went like this:
Fake names here but will be easier to follow
Bob will = Son
Kim will = Daughter
Lisa will = Grandaughter
~Kim is handling Estate, she sends Bob $5000 via bank transfer by counter deposit in a NY bank of the same as Bobs' bank into his checking account in Las Vegas. Kim says this is what remained in an account of Dads.
~Kim tells Bob she hired an Accountant at this point to figure out the best way to go about all this.
~ Bob received $2500 in late Aug and Kim tells Bob his total is $10,000 plus what life ins. he is co-beneficiary to. $5,000 in June was already received from Kim as per above and this $2500 . Bob is also told now that she needs Lisa's SS# to put her $10,000 into an account, he figures she knows what is supposed go where and how so he gives her the SS# of Lisa's which is a Minor and our daughter....I am not aware of any of this having to do with my own daughter at this point (an issue in its self, but not for here)
~Dec. Bob receives his last $2,500 of the $10,000 and his ins. check. Done deal,so we thought.....
Bob and I get into a car accident with a wall in Feb. 07' and we are in need of $3000 cash for surgery downpayment for reconstruction of my cheek and eye bones a week after accident, now March7th,07' Bob calls Kim in hopes of borrowing from Lisa's $10,000 for medical emergency, she sends him $5,000 Western Union. I get surgery and now have to do taxes and I call Kim, after finally finding out about my daughters' $10,000 confirmed to me because Bob tells me where the $$ actually came from for surgery, and ask about the 1099's and about daughters' monies in general. I was told it was none of my business by Kim, needless to say that did NOT go over well with me. She refused to tell me squat & also refused to send 1099's. I became suspicious, very that something was going on we didn't know about. Not even what type of account, bank name NOTHING except SHE would take care of my daughters' money.
I investigated now, laws, some probate, etc. I wrote a demand letter to her requesting all information and copies of transactions, receipts, how this $ was aquired, I just about covered everything that I had a right to according to the UTMA law of custodian having to provide these docs upon request of a parent or minor's legal Rep.
I receive about a half page response with no docs only saying an interest amount for my daughter and that the accountant said for both BoB's and Lisa's taxes that they can be claimed as either estate or gifts and that it's the interests that have to claimed as income on those $$$ because it didn't go over the $10,000. She did say "of Lisa's $10,000 this is the amount of interest" , but no other esential Q.'s or documents were provided like they were supposed to be. She also listed all of Bob's $$ with dates sent including the $5,000 in March 07' as being his! Good right? That's a catch 22, Bob never knew he had more coming to him...we were really upset because all this $$$ together would have been a nice down payment to a house which we were hoping for and Yes, after a phone call there was still another $5,000 for Bob which he had her send after he found out which is now mid April.o7' $20,000 total and Lisa's $$$ is still $10,000 in the bank.
We moved into a rented house towards the end of April, that took up May pretty much THEN for the 1st time in 26 years my husband (Bob)is jobless,looses his job he's been with since moving to Las Vegas 6 years ago and is out of work at no fault to him, are assets are drained within a few weeks and we go from over 75,000 a year to everything happening at once and no $$ left but for some flooring we can sell & other things like that, we are in hardship. (this is embarrasing to tell you all,but needs to be said so you get the correct facts of everything so I can get an accurate opinion/advice from yas hopefully...srry this is so long, really trying to make this as short as possible)
So now it's beginning of July and we try to get a hold of Kim to now ask for $3500 from Lisa's account, not only for us, but for Lisa, Softball fees, new school clothes, school supplies and dental with some towards rent and electric for us, we just want to make sure Lisa's norm doesn't get interrupted and looking out for her 1st and foremost. Kim won't return calls, finally she does and says "NO". Lisa calls her twice, no return calls when Lisa asks for her to send some $$ ( Lisa's idea to call her, not ours)
We feel Kim's non-concern is personally wrong, but further I still had to wrap up what I suspected in March before our new problems and now with her not considering what is to the benefit of Lisa I am more determined than ever to find out what I feel isn't right.
I investigate public Records and figure out her local bank she probably banks with, I call them with my daughter present & gave them her SS# and she gave permission for them to discuss her account with me. So BINGO, I find out the bank and that it is in a 1 year CD ($10,000), but the manager said there was no way even with court order the $$ could be accessed. I then did more research into Probate and called the bank to find out account # so I could file with Distric Court here in Vegas (Minors' residence has jurisdiction over Custodian), I did this by just stating my daughter has a CD for $10,000 and I'm just calling about what the total is to date with the interest and in doing so the guy says "There's TWO CD's, do I want them both"? I was shocked! 2 for $10,000 each and I was given the account #'s, never lying and gave my identity as the Mother. I knew there were secrets, lies...too bad no video though huh?
Anyways my husband was shocked too, unknown to both of us the second CD existed. I tryed to figure out what to do and I thought at that time (beginning of Aug.) that a Petition to disburse from a Compromise of Minor's Claim was the form, I filed that along with affidavits of income status asking for an Order to release funds in time of severe financial hardship, for the benefit of the Minor. Judges Secretary told me it was denied only because of Procedure pretty much of wrong forms and basically said if I had the right ones, it would go through...couldn't tell which forms though but advised I get a lawyer....another catch 22..no $$$$$ to hire a lawyer.
Oh, I called NY Surrogates and they were great, looked up records over the phone for me and No Will has been filed yet...which brings this around to....
CON"T below, (next Post)
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